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If someone wins a case, they may ask for an order that the other side pay their costs.
The Federal Circuit Court can order costs in general protections cases where someone went ahead with a case when it was clearly weak and they had no chance of winning (this is called a 'frivolous or vexatious' case).
You should get
legal advice about the strength of your case. You should also get
legal advice if your employer tells you they are going to ask the Federal Circuit Court for a costs order.
Costs may also be ordered against a party if they did something that was unreasonable (or unreasonably failed to do something) and caused the other side to incur costs. An example of this might be where one party kept asking to postpone (adjourn) the case.
If you want to ask the Federal Circuit Court for orders that the employer pay your costs, it is possible to do this at the time that the judge tells you that you have won the case. You must make any application for costs within 28 days of a final order being made in your case. You should contact the
Federal Circuit Court if you forgot to ask the judge about costs when they made their decision about your case
For answers to commonly asked questions, see
Going to the Federal Circuit Court - Frequently Asked Questions.