Suitors' Fund Regulations 1965

An indemnity certificate shall be in the form of Form 1 in the schedule and shall be signed by the judge before whom the application for the certificate was made.

A costs certificate shall be in the form of Form 1a or 1b, as the case requires, in the schedule and shall be signed by a Judge of the Supreme Court.

A certificate granted pursuant to section 14(1)(c) or (d) of the Act shall be in the form of Form 2 or 2a, as the case requires, in the schedule to these regulations and shall be signed by the presiding judge, magistrate or justice, as the case may be.

A person to whom an indemnity certificate or a certificate under section 14(1)(c) of the Act is granted shall cause the indemnity certificate or certificate to be prepared and shall present it to the judge, or as the case may be, the presiding judge, magistrate or justice, for signature, together with a copy thereof which shall be filed by the proper officer of the Court with the file relating to the appeal or proceeding in respect of which the indemnity certificate or certificate was granted.

A person to whom a costs certificate is granted shall cause the certificate to be prepared and shall present it to a Judge of the Supreme Court for signature together with a copy thereof which shall be filed by the proper officer of the Court with the file relating to the appeal in respect of which the costs certificate was granted.

Where a respondent to whom an indemnity certificate has been granted fails to comply with the provisions of subregulation (3), the appellant may cause the indemnity certificate to be prepared and presented to the judge for signature, together with a copy thereof which shall be filed in the manner prescribed in that subregulation.

Subject to subregulation (2), a person who claims to be entitled to be paid any moneys out of the Fund may apply in writing to the Board in the form whichever of Forms 3 or 4 in the schedule is appropriate for a certificate of the Board authorising payment of the amount claimed out of the Fund.

A person who seeks a direction of the Board pursuant to section 11(2) of the Act may apply in writing to the Board in the form of Form 5 in the schedule to these regulations for such a direction.

A respondent may make an application under subregulations (1) and (2) in a form which combines Forms 3 and 5 in the schedule.

An application under subregulation (1) or (2) shall contain a statement of the facts upon which the application is made and be signed by the applicant.

An applicant shall lodge with his application —

in the case of an application by a respondent to whom an indemnity certificate has been granted —

the indemnity certificate, or where the indemnity certificate is not available, a copy thereof certified to be a true copy by the proper officer of the Supreme Court;

a copy, certified by the proper officer of the Court, of the judgment ordering the respondent to pay the appellant’s costs;

where the appellant’s costs have been ordered to be taxed — the certificate or allocatur, or, where the certificate or allocatur is not available, a certified copy thereof, of the Registrar of the Privy Council or other proper officer of the Privy Council, or of the Registrar of the High Court of Australia, or of the Taxing Master of the Supreme Court, as the case may be, certifying the amount at which the appellant’s costs have been taxed and allowed;

where the respondent’s costs have been taxed as provided in these regulations — the certificate of the officer by whom such costs have been taxed certifying the amount at which the respondent’s costs have been taxed and allowed;

the receipt of the appellant or his solicitors for payment by the respondent of the amount of the appellant’s costs ordered to be paid by the respondent, or other evidence of such payment satisfactory to the Board;

in the case of an application by an appellant in an appeal in which an indemnity certificate has been granted to a respondent — the documents referred to in subparagraphs (i), (ii) and (iii) of paragraph (a);

in the case of an application by an appellant in an appeal in which a costs certificate has been granted —

the costs certificate or where the certificate is not available a copy thereof certified to be a true copy by the proper officer of the Supreme Court; and

where the applicant’s costs are required to be taxed the certificate, or allocatur or, where the certificate or allocatur is not available, a certified copy thereof, by the Taxing Master of the Supreme Court certifying the amount at which the appellant’s costs have been taxed and allowed;

in the case of an application by a person to whom a certificate has been granted under section 14(1)(c) or (d) of the Act — the certificate or, where the certificate is not available, a copy thereof certified to be a true copy by the proper officer of the Court by which the certificate was granted;

in the case of an application by a person under section 14(1)(a) or (b) of the Act — a copy, certified to be a true copy by the proper officer of the Court, of the order made by the Court in the proceedings or on the appeal, as the case may be;

in the case of an application by a person under section 15 of the Act —

a copy, certified to be a true copy by the proper officer of the Court, of the order of the Court ordering a new trial; and

the receipt of the appellant or his solicitors for payment by the respondent of the amount of the appellant’s costs ordered to be paid by the respondent, or other evidence of such payment satisfactory to the Board.

in the case of an application made under section 10 of the Act — within 6 months after the date on which the appeal has succeeded in respect of which the indemnity certificate has been granted;

in the case of an application made under section 14 or section 15 of the Act, other than an application by a person to whom a certificate has been granted under subsection (1)(d) of that section 14 — within 6 months after the new trial; or

in the case of an application by a person to whom a certificate has been granted under subsection (1)(d) of section 14 of the Act — within 6 months after the date on which the proceeding is adjourned.

The Board may, upon application made to it in respect of any application under regulation 4, at any time extend the period of 6 months fixed by regulation 5 and may further extend any period fixed in pursuance of this regulation.

The Board may impose such conditions as it thinks fit with respect to any extension granted under subregulation (1).

Where the Board in pursuance of regulation 7, requires an applicant to have any costs taxed by the taxing officer of the Court concerned, it shall cause notice in writing to that effect to be posted to the applicant at the address shown in his application.

An applicant to whom such a notice is addressed may, unless a bill of those costs has already been delivered, request the solicitor who acted for him in the proceedings in which the costs were incurred to deliver to him a bill of the costs to which the notice relates and the solicitor shall within 14 days of being so requested and in accordance with such request deliver his bill of costs.

An applicant to whom notice has been given in pursuance of subregulation (1) shall —

within 6 months of receiving the notice obtain from the taxing officer of the Court concerned an appointment to tax a bill of the costs to which the notice relates; and

not less than 2 days before the day appointed for the taxing of the bill of costs, cause notice in writing of the appointment to be given to the solicitor by whom the bill was delivered.

The taxing officer shall proceed to tax the bill and shall permit the solicitor by whom the bill was delivered to attend the taxation but, in the absence of that solicitor, shall proceed to the taxation upon being satisfied that the solicitor has been given notice of the appointment in accordance with subregulation (3)(b).

The taxing officer shall ascertain and tax the costs of and incidental to the taxation of any bill of costs in pursuance of this regulation, and those costs shall be paid by the applicant.

The taxing officer shall certify in writing the amount at which he allows any bill of costs taxed in pursuance of this regulation and the amount at which he allows the costs of and incidental to the taxation of that bill.

Upon being satisfied that a payment out of the Fund is authorised by the Act and that the provisions of the Act and these regulations in relation to any claim for payment have been complied with, the Board shall issue a certificate setting out the sum which the person named therein is entitled to be paid and authorising the payment of such sum out of the Fund.

Every certificate issued by the Board under subregulation (1) shall be signed by the Chairman of the Board or by a member of the Board authorised by the Board in that behalf and shall be in the form of Form 6 in the schedule.

Every direction made by the Board pursuant to section 11(2) of the Act shall be in writing and shall be signed by the Chairman of the Board or by a member of the Board authorised in that behalf by the Board.

Each certificate and direction shall forthwith be sent by the Secretary to the person in whose favour it has been issued.

keep a register of all applications made to the Board for payment from the Fund;

file all applications and documents lodged therewith;

keep minutes of the meetings of the Board; and

conduct such correspondence and other business as is directed by the Board.