An appeal concludes upon pronouncement of orders for the purposes of the transitional provisions in s 38(2) of the Acts Amendment (Court of Appeal) Act 2004 (WA), even if orders have not been extracted. A single judge of the Full Court has no jurisdiction to determine costs of an appeal, as a costs decision is not a 'direction incidental' to the appeal and involves 'the decision of the appeal' within s 61(1) of the Supreme Court Act 1935 (WA). Applications for special costs orders in matters formerly before the Full Court must be made to the Court of Appeal.
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