Suitors' Fund Regulations 1965

3. The said reason was not attributable in any way to the act, neglect or default of (in the case of civil proceedings) all or any one or more of the parties to the said proceedings or their legal practitioners (or in the case of criminal proceedings) the accused or his legal practitioner.

Dated the day of 20 .

(Set out name of Judge, etc., under signature and capacity, e.g. “Judge of the Supreme Court”.)

[Form 2 amended: Gazette 31 Jul 2007 p. 3806‑7.]

Form 2a

SUITORS’ FUND ACT 1964

(or as the case may be).

IN THE MATTER OF THE SUITORS’ FUND

ACT 1964,

and

IN THE MATTER OF CRIMINAL PROCEEDINGS BETWEEN

(Prosecutor or as the case may be)

and

(Accused or as the case may be)

CERTIFICATE PURSUANT TO SECTION 14(1)(d) OF THE SUITORS’ FUND ACT 1964

WHEREAS:

1. On the day of 20 at proceedings in the above matter were commenced and were adjourned by or on behalf of the prosecution.

2. I am satisfied that by reason of such adjournment the accused has necessarily incurred expense.

NOW I HEREBY CERTIFY:

Dated the day of 20 .

PRESIDING JUDGE, MAGISTRATE

OR JUSTICE

(or as the case may be).

[Form 2a inserted: Gazette 18 Feb 1972 p. 366; amended: Gazette 31 Jul 2007 p. 3807.]

Form 3

Suitors’ Fund Act 1964

In the matter of the Suitors’ Fund Act 1964

and

In the matter of an appeal between

(Appellant)

and

(Respondent)

APPLICATION TO THE APPEAL COSTS BOARD BY THE RESPONDENT

FOR A CERTIFICATE AUTHORISING PAYMENT OUT OF THE SUITORS’ FUND

I of in the State of (occupation) being the abovenamed respondent hereby apply to the Appeal Costs Board for a certificate for payment to me from the Suitors’ Fund of the following amounts:

(Set out in numbered paragraphs each amount claimed and whether it is claimed as appellant’s costs or as the case may be).

An indemnity certificate was granted to the abovenamed respondent in respect of the abovenamed appeal on the day of , 20 .

The facts on which this application is made are as follows:

The following documents are lodged with this application:

(Set out such of the documents referred to in Regulation 4(5) as are relevant).

Dated the day of , 20 .

(Signature of applicant.)

Form 4

Suitors’ Fund Act 1964

In the matter of the Suitors’ Fund Act 1964,

and

In the matter of a (state nature of proceedings, e.g., prosecution notice or application) in the (name of Court) wherein

was (prosecutor or as the case may be)

and

was (accused or as the case may be)

APPLICATION TO THE APPEAL COSTS BOARD BY THE PROSECUTOR (OR AS THE CASE MAY BE) FOR A CERTIFICATE AUTHORISING PAYMENT OUT OF THE SUITORS’ FUND PURSUANT TO SECTION 14 OR 15 OF THE ACT (AS THE CASE MAY BE)

I of in the State of (occupation) being the abovenamed prosecutor (or as the case may be) hereby apply to the Appeal Costs Board for a certificate for payment to me from the Suitors’ Fund of the following amounts:

(Set out in numbered paragraphs each amount claimed).

The ground on which this application is made is as follows:

(Set out ground, e.g., that the abovenamed proceedings were rendered abortive by the death of Magistrate , the Magistrate before whom the proceedings were had.)

(Where the application is made under section 14(1)(c), insert the following paragraph:

A certificate under section 14(1)(c) of the Act was granted to the applicant in respect of the abovenamed proceedings by (name of the presiding Magistrate, etc.) the presiding Magistrate (or as the case may be) on the day of , 20 ).

(Where the application is made under section 14(1)(d) of the Act insert the following paragraph:

A certificate under section 14(1)(d) of the Act was granted to the applicant in respect of the abovenamed proceeding by (name the presiding Magistrate, etc.,) the presiding Magistrate (or as the case may be) on the day of , 20 .)

The facts on which this application is made are as follows:

The following documents are lodged with this application:

(Set out such of the documents referred to in Regulation 4(5) as are relevant).

Dated the day of , 20 .

(Signature of Applicant.)

[Form 4 amended: Gazette 18 Feb 1972 p. 366; 31 Jul 2007 p. 3807.]

Form 5

Suitors’ Fund Act 1964

In the matter of the Suitors’ Fund Act 1964,

and

In the matter of an appeal between

(Appellant)

and

(Respondent)

APPLICATION TO THE APPEAL COSTS BOARD BY THE ABOVENAMED FOR A DIRECTION PURSUANT TO SECTION 11(2) OF THE ACT

I of

in the State of (occupation) being the above‑named hereby apply to the Appeal Costs Board for a direction that the sum of being costs not already paid by the abovenamed respondent be paid from the Suitors’ Fund for and on behalf of the above‑named respondent to .

An indemnity certificate was granted to the abovenamed respondent in respect of the abovenamed appeal on the day of , 20 .

The ground on which this application is made is:

(Set out ground, e.g., that the respondent unreasonably refuses to pay the appellant the costs referred to in section 11(1)(a) of the Act.)

The facts on which this application is made are as follows:

The following documents are lodged with this application:

(Set out such of the documents referred to in Regulation 4(5) as are relevant).

Dated the day of , 20 .

(Signature of applicant.)

Form 6

Suitors’ Fund Act 1964

In the matter of the Suitors’ Fund Act 1964,

and

In the matter of an appeal (or proceedings as the case may be) between

(appellant or as the case may be)

and

(respondent or as the case may be).

CERTIFICATE OF THE APPEAL COSTS BOARD

To the Treasurer of the State of Western Australia:

Pursuant to the Suitors’ Fund Act 1964 the Appeal Costs Board hereby certifies that the abovenamed of in the State of is entitled to be paid out of the Suitors’ Fund the sum of and authorises the payment of the said sum to the said out of the said Fund.

Dated at Perth this day of 20 .

(Set out name under signature.)

Chairman, Appeal Costs Board.