Indemnity costs awarded at first instance in contempt proceedings do not automatically follow at the appellate level; costs on appeal in contempt matters are assessed on a standard basis where the appeal was conducted properly and raised arguable points. Section 409 of the Criminal Procedure Act 2009 (Vic) precludes costs orders in criminal contempt appeals under Pt 6.3, but does not extend to interlocutory applications in related civil proceedings. The costs prohibition in s 409 creates an anomaly whereby a criminal contemnor escapes costs liability on appeal that would be available against a civil contemnor.
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