This website applies only to residents and the law of New South Wales, Australia.

4. THE NSW SYSTEM (continued)

4.9 Costs

Generally, legal costs are not awarded in the IRC and you will have to pay your own legal expenses, whether you win or lose. It would be unlikely you would have to pay your employer's costs if you lose. However, the IRC does have the power to order you to pay your employer's legal costs if it decides your claim is frivolous or vexatious. An order for costs can also be made against either party if the Commission considers they have unreasonably failed to agree to an offer to settle the claim.

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