FEDERAL PROCEEDINGS (COSTS) ACT 1981 - NOTES
FEDERAL PROCEEDINGS (COSTS) ACT 1981 - NOTES
No. 23, 1981
Compilation No. 13
Compilation date: 1 September 2021
Includes amendments up to: Act No. 13, 2021
Registered: 15 October 2021
About this compilation
This compilation
This is a compilation of the Federal Proceedings (Costs) Act 1981 that shows the text of the law as amended and in force on 1 September 2021 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
1 Short title
2 Commencement
3 Interpretation
4 Costs to be costs as between party and party etc.
5 Extension to external Territories
6 Costs certificates for respondents--Federal appeals
7 Costs certificates for appellants--Federal appeals
7A Costs certificates for appellants where no respondent
8 Costs certificates--new trials
9 Costs certificates--Federal appeals in family law proceedings
10 Costs certificates--incomplete proceedings
10A Costs certificates--Administrative Appeals Tribunal
11 Costs of appeal include costs of earlier appeals
12 Costs certificates may be granted in Chambers
13 No appeal against refusal of costs certificate
14 Costs certificates not to be granted to certain persons
15 Vacation of costs certificates
16 Payments on costs certificates
17 No payment in respect of costs certificates capable of being vacated
18 Limits of payments in respect of appeals or other proceedings
19 Payments to be made out of annual appropriation
20 Delegation
21 Application
22 Regulations
Schedule--Prescribed maximum amount
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Abbreviation key--Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history--Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation "(md)" added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation "(md not incorp)" is added to the details of the amendment included in the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub-subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev ... ) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
Sdiv = Subdivision(s) | |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub-Ch = Sub-Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3--Legislation history
Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |
23, 1981 | 14 Apr 1981 | 14 Apr 1981 (s 2) |
| |
Companies and Securities Legislation (Miscellaneous Amendments) Act 1981 | 153, 1981 | 26 Oct 1981 | s 100: 1 July 1982 (s 2(4)) | -- |
91, 1983 | 22 Nov 1983 | s 6(1) | ||
65, 1985 | 5 June 1985 | -- | ||
38, 1988 | 3 June 1988 | s 3: 1 Nov 1988 (s 2(4) and gaz 1988, No S333) | s 5(1) and (2) | |
104, 1992 | 30 June 1992 | -- | ||
175, 1995 | 16 Dec 1995 | Sch 2 (items 36-41): 16 Dec 1995 (s 2(1)) | -- | |
43, 1996 | 25 Oct 1996 | Sch 2 (item 57): 16 Dec 1995 (s 2(2)) | -- | |
194, 1999 | 23 Dec 1999 | Sch 13: 23 Dec 1999 (s 2(1)) | -- | |
Corporations (Repeals, Consequentials and Transitionals) Act 2001 | 55, 2001 | 28 June 2001 | ||
38, 2005 | 1 Apr 2005 | Sch 1 (items 208, 209): 16 May 2005 (s 2(1) item 6) | Sch 1 (item 209) | |
Federal Circuit Court of Australia (Consequential Amendments) Act 2013 | 13, 2013 | 14 Mar 2013 | Sch 1 (item 314) and Sch 2 (item 1): 12 Apr 2013 (s 2(1) items 2, 3) | -- |
60, 2015 | 26 May 2015 | Sch 8 (item 20) and Sch 9: 1 July 2015 (s 2(1) items 19, 22 ) | Sch 9 | |
33, 2016 | 23 Mar 2016 | Sch 5 (items 57, 58): 1 July 2016 (s 2(1) item 7) | -- | |
13, 2021 | 1 Mar 2021 | Sch 2 (items 419-427): 1 Sept 2021 (s 2(1) item 5) | -- |
Provision affected | How affected |
Title.................... | am No 175, 1995 |
s 3..................... | am No 65, 1985; No 38, 1988; No 104, 1992; No 175, 1995; No 194, 1999 ; No 13, 2013; No 33, 2016; No 13, 2021 |
s 5..................... | am No 33, 2016 |
s 7A.................... | ad No 65, 1985 |
s 8..................... | am No 65, 1985 |
s 9..................... | am No 194, 1999 |
s 10.................... | am No 43, 1996; No 194, 1999; No 13, 2013; No 13, 2021 |
s 10A................... | ad No 175, 1995 |
| am No 38, 2005; No 60, 2015 |
s 11.................... | am No 65, 1985 |
s 14.................... | am No 153, 1981; No 55, 2001 |
s 17.................... | am No 43, 1996 |
s 18.................... | am No 91, 1983; No 175, 1995 |
s 20.................... | am No 43, 1996 |
s 21.................... | am No 65, 1985 |
Schedule |
|
Schedule................. | am No 175, 1995; No 43, 1996; No 13, 2021 |