Little and Victorian Bar Inc

The New Zealand Trans-Tasman Occupations Tribunal, constituted by Deputy President Britten-Jones and Chairperson Grant Pearson, considered an application for costs brought by the Victorian Bar Inc. The application for costs arose from proceedings where the applicant sought registration as a barrister in Victoria under the *Trans-Tasman Mutual Recognition Act 1997* (Cth) (TTMRA). The Tribunal had previously made a decision on the merits of the applicant's registration, and this decision was now being considered in relation to the costs application.

The primary legal issues before the Tribunal were whether the Victorian Bar Inc. had standing to apply for costs after the substantive proceedings had concluded, and if so, whether the applicant had acted unreasonably in the course of those proceedings, thereby justifying an order for costs. The TTMRA's purpose is to facilitate the movement of goods and service providers between Australia and New Zealand by recognising regulatory standards. Part 3 of the TTMRA outlines the process for individuals registered in New Zealand to obtain registration for an equivalent occupation in Australia, with section 22 specifying grounds on which registration may be refused, including materially false or misleading information or the occupation not being equivalent.

The Tribunal reasoned that the Victorian Bar Inc. did have standing to apply for costs, interpreting "a party in proceedings before it" under section 34 of the TTMRA to include parties to proceedings that have been determined. This interpretation was supported by analogous reasoning in other administrative tribunal decisions. However, the Tribunal concluded that the applicant had not acted unreasonably. While acknowledging that the applicant's New Zealand practising certificate had lapsed by the time of the hearing, the Tribunal found that at the time of lodging the application, the applicant was registered and held a valid practising certificate. Therefore, the Tribunal refused the Victorian Bar Inc.'s application for costs.