At VCAT, parties are expected to bear their own costs, unless we order otherwise. Section 109 of the Victorian Civil and Administrative Act 1998 governs VCAT's power to award costs.
VCAT may only award costs if it is fair to do so. Examples of circumstances where an order for costs may be made include:
- where the proceedings have been brought vexatiously or frivolously, or
- where a party has unreasonably prolonged a hearing, or
- where the case for the applicant is misconceived, weak on the relative merits or not tenable in fact or law.
An application for costs in any proceeding must be considered on its own facts having regard to section 109 of the Victorian Civil and Administrative Act 1998.