Crimes (Domestic and Personal Violence) Act 2007 No 80
99A Limitations on professional costs being awarded
(1) A court cannot, in apprehended violence order proceedings, award professional costs against an applicant who is a protected person in respect of the order unless satisfied that the application was frivolous or vexatious.(2) A court cannot, in apprehended domestic violence order proceedings, award professional costs against an applicant who is a police officer unless satisfied that—(a) the applicant made the application knowing it contained matter that was false or misleading in a material particular, or(b) the applicant has deviated from the reasonable case management of the proceedings so significantly as to be inexcusable.(3) The mere fact that a protected person does any one or more of the following in relation to apprehended domestic violence order proceedings does not give rise to a ground to award costs against an applicant who is a police officer and who made the application in good faith—(a) indicating that he or she will give unfavourable evidence,(b) indicating that he or she does not want an apprehended domestic violence order or that he or she has no fears,(c) giving unfavourable evidence or failing to attend to give evidence.(4) This section has effect despite section 99 or any other provision of this or any other Act or law.(5) In this section—apprehended domestic violence order proceedings means proceedings under this Act in relation to an apprehended domestic violence order or an application for an apprehended domestic violence order.professional costs has the same meaning as in section 99.