Corporations Act 2001
CHAPTER 9
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MISCELLANEOUS
PART 9.4AAA
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PROTECTION FOR WHISTLEBLOWERS
SECTION 1317AH
COSTS ONLY IF PROCEEDINGS INSTITUTED VEXATIOUSLY ETC.
1317AH(1)
This section applies to a proceeding (including an appeal) in a court in relation to a matter arising under section 1317AE in which a person (the claimant ) is seeking an order under subsection 1317AE(1) .
1317AH(2)
The claimant must not be ordered by the court to pay costs incurred by another party to the proceedings, except in accordance with subsection (3) of this section.
1317AH(3)
The claimant may be ordered to pay the costs only if:
(a) the court is satisfied that the claimant instituted the proceedings vexatiously or without reasonable cause; or
(b) the court is satisfied that the claimant ' s unreasonable act or omission caused the other party to incur the costs.
Note: This Part applies in relation to CCIVs with modifications: see 1242E .
View history note
Hide history noteThis section applies to a proceeding (including an appeal) in a court in relation to a matter arising under section 1317AE in which a person (the claimant ) is seeking an order under subsection 1317AE(1) .
1317AH(2)
The claimant must not be ordered by the court to pay costs incurred by another party to the proceedings, except in accordance with subsection (3) of this section.
1317AH(3)
The claimant may be ordered to pay the costs only if:
(a) the court is satisfied that the claimant instituted the proceedings vexatiously or without reasonable cause; or
(b) the court is satisfied that the claimant ' s unreasonable act or omission caused the other party to incur the costs.
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