Schedule 2 — Competition and Consumer Act 2010

Competition and Consumer Act 2010

1  At the end of section 82

Add:

No adverse costs orders

             (3)  A person who brings an action under subsection (1) in relation to a contravention of a provision of Part IV may at any time during proceedings on the matter seek an order under subsection (4) from the court hearing, or that will hear, the matter.

             (4)  The court may order that:

                     (a)  a respondent in the proceedings is liable for any of its costs in relation to the proceedings; or

                     (b)  two or more respondents in the proceedings are jointly and severally liable for any of their costs in relation to the proceedings.

             (5)  The court may only make an order under subsection (4) if the court is satisfied that:

                     (a)  the action has a reasonable prospect of success; and

                     (b)  the action raises an issue that is not only significant for the applicant, but may also be significant for other persons or groups of persons; and

                     (c)  the disparity between the financial position of the applicant and the financial position of the respondent or respondents is such that the respondent or respondents could use the possibility of a costs order that does not favour the applicant as a means to deter the applicant from pursuing the action.

             (6)  A person who appeals a decision of the court under section (4) is liable for any costs in relation to the appeal.

2  Application

The amendment made by this Schedule applies in relation to actions under subsection 82(1) of the Competition and Consumer Act 2010 brought on or after 1 July 2017.