Four separate reasons for costs in the Commissioner's Office
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Frivolous, vexatious, misconceived, and without substance are not synonyms. In the Commissioner’s Office, there is no right to an award of legal costs if you are successful. The only costs that can be awarded are up to $2,000 in compensation to the respondent if the application is dismissed for being frivolous, vexatious, misconceived or without substance. However, it is important to note that the legislation uses the conjunctive word ‘or’. The words ‘frivolous’, ‘vexatious’, ‘misconceived’ and
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