Respondents to Crown appeals brought by the Commonwealth DPP in Victorian courts exercising federal jurisdiction are not entitled to indemnity certificates under s.15 of the Appeal Costs Act 1998 (Vic). Neither s.68(2) nor s.79 of the Judiciary Act 1903 (Cth) picks up the Victorian costs indemnity scheme. There is no Commonwealth counterpart legislation providing costs indemnity in such circumstances.
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