FEDERAL PROCEEDINGS (COSTS) ACT 1981 - SECT 10 Costs certificates--incomplete proceedings

FEDERAL PROCEEDINGS (COSTS) ACT 1981 - SECT 10

  (1)   This section applies to the High Court, the Federal Court, the Federal Circuit and Family Court of Australia and a court of a Territory.

  (2)   Subject to this Act, where any proceedings in a court to which this section applies are rendered abortive by reason that the person, or a person , before whom the proceedings are being conducted dies, resigns, or is removed or dismissed from, his or her office, suffers a protracted illness or otherwise becomes unable to continue with, or to give judgment in, the proceedings, the court may, on the application of a party to the proceedings, grant to that party a costs certificate in respect of the proceedings.

  (3)   Subject to this Act, where:

  (a)   the hearing of any proceedings in a court to which this section applies is discontinued and a new hearing is ordered; and

  (b)   the discontinuance and new hearing are not attributable to the neglect, default or improper act of any party to the proceedings;

the court may, on the application of a party to the proceedings, grant to that party a costs certificate in respect of the proceedings.

  (4)   The certificate that may be granted under subsection   ( 2) or (3) by a court to a party to proceedings that have been rendered abortive or the hearing of which has been discontinued, as the case may be, is a certificate stating that, in the opinion of the court, it would be appropriate for the Attorney - General to authorize a payment under this Act to that party in respect of such part as the Attorney - General considers appropriate of any costs incurred by that party in relation to those proceedings.

  (5)   A reference in this section to proceedings in a court includes a reference to proceedings by way of an appeal to that court.