19th Sep 2024, 1:12 PM – Senate Australian Human Rights Commission Amendment (Costs Protection) Bill 2023 - in Committee - Costs only if proceedings instituted vexatiously etc.

The majority voted against amendments introduced by Queensland Senator Paul Scarr (Liberal), which means they failed.

Amendment text

(1) Schedule 1, item 3, page 3 (line 10) to page 4 (line 20), omit section 46PSA, substitute:

46PSA Costs only if proceedings instituted vexatiously etc.

(1) A party to proceedings (including an appeal) in a court in relation to a matter arising under section 46PO may be ordered by the court to pay costs incurred by another party to the proceedings only in accordance with subsection (2).

(2) The party may be ordered to pay the costs only if:

(a) the court is satisfied that the party instituted the proceedings vexatiously or without reasonable cause; or

(b) the court is satisfied that the party's unreasonable act or omission caused the other party to incur the costs; or

(c) the court is satisfied of both of the following:

(i) the party unreasonably refused to participate in a matter before the Commission;

(ii) the matter arose from the same facts as the proceedings.