At the outset, you should understand that you cannot claim your costs if you don’t have legal representation. If you do have a lawyer you may be able to claim your costs. The general rule is that each party must bear their own costs in a proceeding for an application.

However, the court has the discretion to award costs against a party who makes an application that the court hears and decides to dismiss on the grounds that the application is malicious, deliberately false, frivolous or vexatious.

Whether an application is malicious, deliberately false, frivolous or vexatious may be easy for the respondent to state, in practice it is notoriously difficult to prove. Whilst costs have been awarded against unsuccessful applicants (for example LKF v MRR [2012] QDC 355); costs have not been awarded against applicants who have not only failed in their original application but in the appellate jurisdiction as well (see TKG v NKQ [2015] QDC 258).

It would be wise, if you disagree with an application made against you, to defend that application and have appropriate legal representation at all times for the benefit of that representation and advice. You should never engage a lawyer because you want to claim your costs against the applicant.