Section 23(3) of the Supreme Court Act 1933 (ACT) preserves only the practice that costs are not awarded for or against the Crown in criminal proceedings; it does not preclude costs orders in private prosecutions or criminal proceedings where the Crown is not a party. The ACT Court of Appeal treats prior Full Federal Court decisions on appeal from the ACT Supreme Court in the same way as its own prior decisions, departing from them only cautiously and when compelled to conclude the earlier decision was wrong.
The full text is available to signed-in members, including the 8 later cases that cite this judgment.
5 of the 8 citing cases carry a classified treatment. How each court treated it is available to signed-in members.