# Cost orders

> act-s486F — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

486F Cost orders
          (1) If a person acts in contravention of section 486E, the court in
              which the migration litigation is commenced or continued may
              make one or more of the following orders:
                (a) an order that the person pay a party to the migration litigation
                    (other than the litigant), the costs incurred by that party
                    because of the commencement or continuation of the
                    migration litigation;









                 (b) an order that the person repay to the litigant any costs already
                     paid by the litigant to another party to the migration
                     litigation, because of the commencement or continuation of
                     the migration litigation;
                 (c) where the person is a lawyer who has acted for the litigant in
                     the migration litigation:
                       (i) an order that costs incurred by the litigant in the
                           commencement or continuation of the migration
                           litigation, are not payable to the lawyer;
                      (ii) an order that the lawyer repay the litigant costs already
                           paid by the litigant to the lawyer in relation to the
                           commencement or continuation of the migration
                           litigation.
          (2) If the court, at the time of giving judgment on the substantive
              issues in the migration litigation, finds that the migration litigation
              had no reasonable prospect of success, the court must consider
              whether an order under this section should be made.
          (3) An order under this section may be made:
               (a) on the motion of the court; or
               (b) on the application of a party to the migration litigation.
          (4) The motion or application must be considered at the time the
              question of costs in the migration litigation is decided.
          (5) A person is not entitled to demand or recover from the litigant any
              part of an amount which the person is directed to pay under an
              order made under this section.