Section 214 — Federal Circuit and Family Court of Australia Act 2021: Costs

(1) This section does not apply to: (a) family law or child support proceedings; or (b) proceedings in relation to a matter arising under: (ia) Division 2 of Part IIB of the Australian Human Rights Commission Act 1986 (redress for unlawful discrimination); or (i) the Fair Work Act 2009; or (ii) section 14, 15 or 16 of the Public Interest Disclosure Act 2013. Note 1: Paragraph (a)—see section 114UB of the Family Law Act 1975 in relation to family law or child support proceedings. Note 1A: Subparagraph (b)(ia)—see section 46PSA of the Australian Human Rights Commission Act 1986. Note 2: Subparagraph (b)(i)—see section 570 of the Fair Work Act 2009 for proceedings in relation to matters arising under that Act. Note 3: Subparagraph (b)(ii)—see section 18 of the Public Interest Disclosure Act 2013 for proceedings in relation to matters arising under section 14, 15 or 16 of that Act. (2) The Federal Circuit and Family Court of Australia (Division 2) or a Judge has jurisdiction to award costs in all proceedings before the Court (including proceedings dismissed for want of jurisdiction) other than proceedings in respect of which any other Act provides that costs must not be awarded. (3) Except as provided by the Rules of Court or any other Act, the award of costs is in the discretion of the Federal Circuit and Family Court of Australia (Division 2) or Judge. Note: For further provision about the award of costs, see Division 4 of Part 6 and paragraphs 192(4)(d) and (e).