Costs

The Tribunal must make an order about the costs parties have spent in relation to legal proceedings before the Tribunal in the Administrative Stream.

Section 120(1) of the Tasmanian Civil and Administrative Tribunal Act 2020 states that the order that will usually be made is that each party pays their own costs of the proceedings.

However, Section 120(2) of the TASCAT Act 2020 allows the Tribunal to make an order that one or more parties pay the costs of other parties to the proceedings.  The Tribunal will make an order at the end of legal proceedings that will allow any party to legal proceedings to apply to the Tribunal for a costs order against one or more parties.  There will be a set time limit in which the application must be made. If any application is made, every party will be given the chance to make a response to the application.  Section 120 of the TASCAT Act 2020 sets out the matters the Tribunal will consider deciding if a costs order should be made.

The Tribunal cannot advise you about whether a cost order would be made.  You are encouraged to take your own private legal advice about whether a cost order could be made in relation to your proceedings.