A public interest immunity application made in respect of documents sought for the purposes of a criminal appeal is a 'proceeding preliminary or incidental to an appeal' within s 409(c) of the Criminal Procedure Act 2009 (Vic), precluding any costs award to a party. The prohibition applies regardless of whether the costs order would be made against a non-party to the appeal. Amici curiae appointed at the Court's request may recover costs in exceptional circumstances, including where their involvement significantly exceeded the original scope and their submissions were successful and of considerable assistance.
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