Administrative Appeals Tribunal Act 1975

PART VI - MISCELLANEOUS

SECTION 69A PROCEDURE FOR TAXING COSTS

69A(1)
If:

(a) the Tribunal has, under this Act or another enactment, ordered a party to a proceeding to pay costs incurred by another party; and

(b) the parties cannot agree on the amount of those costs;

the Tribunal or an officer of the Tribunal may tax the costs.

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69A(2)
If an officer of the Tribunal has taxed the costs in accordance with subsection (1) , either party may apply to the Tribunal for review of the taxed amount.

69A(3)
If a party does so, the Tribunal must review the taxed amount and may:

(a) affirm the amount; or

(b) set aside the amount and substitute another amount; or

(c) set aside the amount and remit the matter to the officer of the Tribunal to be taxed in accordance with the directions of the Tribunal.

69A(4)
An amount that a party to a proceeding is required to pay to another party under an order made by the Tribunal is recoverable by the other party as a debt due to the other party by the first-mentioned party.

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History

S 69A substituted by No 60 of 2015, s 3 and Sch 1 item 153, effective 1 July 2015. For transitional and saving provisions, see note under the title of the Act. S 69A formerly read:

SECTION 69A PROCEDURE FOR TAXING COSTS
69A(1)
If:

(a) the Tribunal has, under this Act or any other Act, ordered a party to a proceeding to pay to another party to the proceeding reasonable costs incurred by the other party; and

(b) the parties are unable to agree as to the amount of those costs;
the President may give such directions as he or she thinks appropriate for the costs:

(c) to be taxed or settled by the Tribunal; or

(d) to be taxed by the Registrar, a District Registrar or a Deputy Registrar.
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History

S 69A(1) inserted by No 175 of 1995, s 3, Sch 2.

69A(2)
If the Registrar, a District Registrar or a Deputy Registrar has taxed under paragraph (1)(d) the amount to be paid to a party to a proceeding by another party to the proceeding, either of those parties may apply to the Tribunal for review of the amount so taxed.
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History

S 69A(2) inserted by No 175 of 1995, s 3, Sch 2.

69A(3)
If such an application is made, the Tribunal must review the amount taxed and may:

(a) affirm the amount; or

(b) set aside the amount and substitute another amount; or

(c) set aside the amount and remit the matter to the Registrar, District Registrar or Deputy Registrar, as the case may be, to be taxed in accordance with the directions of the Tribunal.
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History

S 69A(3) inserted by No 175 of 1995, s 3, Sch 2.

69A(4)
An amount that a party to a proceeding is required under an order made by the Tribunal to pay to another party to the proceeding is recoverable by the other party as a debt due to the other party by the first-mentioned party.
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History

S 69A(4) inserted by No 175 of 1995, s 3, Sch 2.

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