On the day of 20 the Appeal Court ordered that:
4 On the day of 20 the Appeal Court ordered that:
(Set out substance of order or judgment.)
and thereby the said appeal succeeded on a question of law:
5. On the day of 20 the respondent applied to this Court for an indemnity certificate in respect of the said appeal:
6. On the day of 20 this Court decided that an indemnity certificate be granted to the respondent in respect of the said appeal.
IT IS HEREBY CERTIFIED THAT the respondent be indemnified in respect of the costs of the said appeal pursuant to the provisions of the Suitors’ Fund Act 1964.
Dated the day of 20 .
Judge.
[Form 1 amended: Gazette 31 Jul 2007 p. 3806.]
Form 1a
SUITORS’ FUND ACT 1964
IN THE SUPREME COURT OF WESTERN AUSTRALIA |
IN THE MATTER of the Suitors’ Fund Act 1964,
and
IN THE MATTER of an appeal against a conviction for an indictable offence between
The State of Western Australia
Respondent
against
Appellant
(Accused)
COSTS CERTIFICATE PURSUANT TO SECTION 12A(1) OF THE SUITORS’ FUND ACT 1964
WHEREAS:
1. On the day of 20 the abovenamed appellant was convicted in the Court at of an indictable offence.
2. On the day of 20 the said conviction was quashed by the Supreme Court without a new trial being ordered.
NOW IT IS HEREBY CERTIFIED that the Court grants to the appellant a costs certificate in respect of the costs of the appeal (or such part of the costs of the appeal being ).
Dated the day of 20 .
JUDGE.
[Form 1a inserted: Gazette 18 Feb 1972 p. 365; amended: Gazette 19 Apr 2005 p. 1301.]
Form 1b
SUITORS’ FUND ACT 1964
IN THE SUPREME COURT OF WESTERN AUSTRALIA |
IN THE MATTER OF THE SUITORS’ FUND ACT 1964,
and
IN THE MATTER OF PROCEEDINGS BETWEEN
Appellant
and
Respondent
COSTS CERTIFICATE PURSUANT TO SECTION 12A(2) OF THE SUITORS’ FUND ACT, 1964.
WHEREAS:
1. On the day of 20 the abovenamed appellant appealed against a decision of the (name the Court) sitting at to the Supreme Court on grounds which included a question of law.
2. On the day of 20 the Supreme Court ordered that (set out the substances of order or judgment) and thereby the said appeal succeeded on a question of law.
NOW the Court further found that but for the provision of some other Act or law the Court would have made an order regarding the Appellant’s costs of the Appeal, against the Respondent.
The Order which the Court would have so made is:
(The Appellant’s costs of the Appeal to be fixed at and be paid by the Respondent.)
(The Appellant’s costs of the Appeal be taxed and be paid by the Respondent.)
(The Appellant’s costs of the Appeal to be taxed and (state proportion) thereof be paid by the Respondent.)
A costs certificate is granted to the Appellant.
Dated the day of 20 .
JUDGE.
[Form 1b inserted: Gazette 18 Feb 1972 p. 365.]
Form 2
Suitors’ Fund Act 1964
In the
(Court)
In the matter of the Suitors’ Fund Act 1964
and
In the matter of proceedings between
(plaintiff, claimant, prosecutor or as the case may be)
and
(defendant, accused or as the case may be).
CERTIFICATE PURSUANT TO SECTION 14(1)(c) OF THE SUITORS’ FUND ACT 1964
WHEREAS:
1. On the day of 20 (civil or criminal as the case may be) proceedings were commenced by the abovenamed (plaintiff, claimant, prosecutor or as the case may be) against the abovenamed (defendant, accused or as the case may be) in the (name of Court) at (place):
2. On the day of 20 the said proceedings were being heard in the said Court before (name of Judge, Magistrate or Justice) (hereinafter called “the presiding judicial officer”) and on the said date the said hearing was discontinued and a new trial ordered by the presiding judicial officer.
It is hereby certified that:
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