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Clause 348

prohibits the court from making an order awarding costs against a person without giving that person a reasonable opportunity to be heard. This clause expressly indicates that a costs order should not be made against a person without giving that person a reasonable opportunity to be heard, because that person may not be a party to the proceeding. Clause 337 provides that an order under the Bill can be made on application by either party or of a court's own motion. Division 2—Costs in summary proceedings and committal proceedings