Appeal Costs Fund Regulation 2024

This regulation may be cited as the Appeal Costs Fund Regulation 2024.

This regulation commences on 1 July 2024.

An application made under section 14A of the Act must—

be in the approved form; and

be accompanied by—

if the application is a claim for a payment authorised by an indemnity certificate—the documents mentioned in section 4; or

if the application is a claim for a payment authorised under section 22 of the Act—the documents mentioned in section 5; or

if the application is a claim for a payment authorised under section 23 of the Act—the documents mentioned in section 6.

For section 3(b)(i), the documents are—

the indemnity certificate; and

any order relating to costs claimed in the application; and

an itemised bill of costs for any costs, other than costs to which paragraph (b) applies, claimed in the application; and

a copy of any court order, other than an order mentioned in paragraph (b), the applicant intends to rely on for the application; and

a copy of any document evidencing the payment of costs claimed in the application; and

an affidavit or statutory declaration stating any other information the applicant intends to rely on for the application.

For section 3(b)(ii), the documents are—

a copy of any order, transcript or certificate the applicant intends to rely on to establish the existence of a circumstance mentioned in section 22(2) of the Act; and

an itemised bill of costs, related to a proceeding mentioned in section 22(2) of the Act (the proceeding), that—

states all of the applicant’s costs relating to the proceeding, including, for example, any new trial ordered; and

identifies each cost that was thrown away or partly thrown away; and

a copy of any costs agreement between the applicant and the applicant’s solicitor related to the proceeding; and

a copy of any disclosure of costs stating the cost incurred by the applicant for retaining a barrister for the proceeding; and

a copy of any order to pay additional costs of a new trial; and

a copy of a receipt, or other document, evidencing the payment of the applicant’s costs relating to the proceeding, including, for example, any additional costs of a new trial; and

an affidavit or statutory declaration stating any other information the applicant intends to rely on for the application.

For section 3(b)(iii), the documents are—

a copy of the order for a new trial; and

for a claim for a payment authorised under section 23(1) of the Act—

if the order mentioned in paragraph (a) does not state the grounds for the order—a copy of a transcript stating the grounds for the order; and

a copy of any order for costs mentioned in section 23(1)(a) of the Act; and

any order of the proper officer stating the amount at which costs, for all or part of the costs claimed in the application, have been assessed; and

an itemised bill of costs for any costs, other than costs to which paragraph (c) applies, claimed in the application; and

a copy of any costs agreement between the applicant and the applicant’s solicitor for a proceeding mentioned in section 23(1) or (3) of the Act (the proceeding); and

a copy of any disclosure of costs stating the cost incurred by the applicant for retaining a barrister for the proceeding; and

a copy of a receipt, or other document, evidencing the payment of the applicant’s costs relating to the proceeding, including, for example, any additional costs of a new trial; and

if the payment is authorised under section 23(2)(a) of the Act—

a copy of any receipt, or other document, evidencing the payment, by or on behalf of the respondent to the motion for the new trial, of the respondent’s costs mentioned in section 23(1)(a) of the Act; and

an affidavit or statutory declaration stating how the respondent to the motion for the new trial has failed to pay the applicant’s costs; and

an affidavit or statutory declaration stating any other information the applicant intends to rely on for the application.

The board may, by written notice given to the applicant, ask for further information the board reasonably needs to decide an application made under section 14A of the Act.

The notice—

must state—

the information required; and

the time, no earlier than 20 days after the day the notice is given, by which the information is required to be given to the board; and

the applicant may request the board extend the time mentioned in subparagraph (ii); and

the board may refuse to grant the application if the applicant does not comply with the notice; and

may state a way in which the information must be given.

If the notice does not state a way in which the information must be given, the applicant must give the information in writing.

If the applicant does not comply with the notice, the board may refuse to grant the application.

The board may, on the board’s own initiative or the request of the applicant, extend the period mentioned in subsection (2)(a)(ii) by giving the applicant written notice of the extension.

A certificate of the board, issued under section 14 of the Act, must—

be in the approved form; and

be signed by—

the chairperson; or

another member of the board authorised by the board to sign the certificate; and

state—

the name of the person to whom the certificate is issued; and

the amount the person is entitled to be paid from the fund; and

whether the payment is to be made to the person or the person’s solicitor; and

Note—

See section 25 of the Act.

the amount is authorised to be paid out of the fund.

The board may, for the purpose of performing a function of the board, ask a proper officer of a court to give the board a file or document.

The request must—

be in writing; and

state the file or document required.

The proper officer must comply with the request if doing so is unlikely to interfere with a current or pending proceeding before the court.

For section 6(6) of the Act, the fees stated in schedule 1 are prescribed in relation to members of the board who are not public service officers.

If a fee is payable for a supply on which GST is payable, the fee is to be increased to take account of the GST.

This section applies for working out the amount of a fee expressed in this regulation as a number of fee units.

For the purpose of the Acts Interpretation Act 1954, section 48C(3), the amount is to be rounded—

if the result is not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or

if the result is more than $100 but not more than $1,000—to the nearest multiple of 10 cents (rounding one-half upwards).

Example for paragraph (a)—

If a fee were 35 fee units and the value of a fee unit were $1.015, the number of dollars obtained by multiplying 35 by $1.015 would be $35.525. Because $35.525 is halfway between $35.50 and $35.55, it is rounded upwards, so the amount of the fee would be $35.55.

For section 20C(2) of the Act, the prescribed amount is $15,000.

For section 20E(2) of the Act, the prescribed amount is $15,000.

For section 23(2)(c) of the Act, the prescribed amount is $15,000.

For section 24(2)(c) of the Act, the prescribed amount is $15,000.