A public interest immunity application made in the course of a criminal appeal is a proceeding 'incidental' to the appeal within s 409(c) of the Criminal Procedure Act 2009 (Vic), precluding an award of costs to a party. However, amici curiae appointed by the court may be awarded costs in exceptional circumstances, particularly where they are independent counsel whose participation was necessary to the proceeding, the scope of their involvement significantly exceeded the original request, and their submissions were of considerable assistance.
The full text is available to signed-in members, including the 6 later cases that cite this judgment.
3 of the 6 citing cases carry a classified treatment. How each court treated it is available to signed-in members.