FEDERAL PROCEEDINGS (COSTS) ACT 1981 - SECT 3 Interpretation
FEDERAL PROCEEDINGS (COSTS) ACT 1981 - SECT 3
Interpretation(1) In this Act, unless the contrary intention appears:
"costs" , in relation to proceedings, includes:
(a) the costs of obtaining a costs certificate in respect of the proceedings; and
(b) the costs of taxing, or otherwise ascertaining, costs in respect of the proceedings.
"costs certificate" means a costs certificate granted under subsection 6(1) or (2), 7(1), 7A(1), 8(1) or (2), 9(1), 10(2) or (3) or 10A(2).
(a) an appeal to the Full Court of the High Court from a judgment of the High Court constituted by a single Justice; or
(b) an appeal to the High Court from a judgment of the Federal Court; or
(c) an appeal to the High Court from a judgment of the Supreme Court of a Territory; or
(d) an appeal to the High Court from a judgment of the Federal Circuit and Family Court of Australia (Division 1) ; or
(e) an appeal to the Full Court of the Federal Court from a judgment of the Federal Court constituted by a single Judge; or
(ea) an appeal to the Federal Court from a judgment of the Supreme Court of a State; or
(eb) an appeal to the Federal Court from a judgment of the Supreme Court of the Northern Territory exercising jurisdiction conferred on the court by or under a law of the Commonwealth, other than jurisdiction conferred under an Act providing for the acceptance, administration or government of that Territory; or
(f) an appeal to the Federal Court from a judgment of the Supreme Court of a Territory; or
(fa) an appeal to the Federal Court from a judgment of the Federal Circuit and Family Court of Australia (Division 2) ; or
(g) an appeal to the Federal Court from a decision of the Administrative Appeals Tribunal; or
(i) from a decision of the Administrative Appeals Tribunal; and
(ii) heard and determined, or to be heard and determined, in the Federal Circuit and Family Court of Australia (Division 2) ; or
(h) an appeal to the Supreme Court of a Territory from a judgment of another court of that Territory; or
(j) an appeal to the Full Court of the Federal Circuit and Family Court of Australia (Division 1) from a judgment of the Federal Circuit and Family Court of Australia (Division 1) constituted by a single Judge; or
(ja) an appeal to the Federal Circuit and Family Court of Australia (Division 1) from a judgment of the Federal Circuit and Family Court of Australia (Division 2); or
(k) an appeal to the Federal Circuit and Family Court of Australia (Division 1) from a judgment of a court of a State, a court of an internal Territory (including the Northern Territory) or a court of Norfolk Island.
"Federal Circuit and Family Court of Australia" means:
(a) the Federal Circuit and Family Court of Australia (Division 1); or
(b) the Federal Circuit and Family Court of Australia (Division 2).
"Federal Court" means the Federal Court of Australia.
"judgment" includes any decree, order or decision, whether final or interlocutory, and a conviction or sentence.
"proceedings" includes a Federal appeal and a trial.
"sequence of appeals" means a sequence of appeals in which each appeal that follows next after another appeal in the sequence is an appeal against the judgment in that other appeal.
"Territory" does not include the Northern Territory.
(2) A reference in this Act to an appellant to an appeal, a respondent to an appeal, a party to a cause or to proceedings, an accused person or a person who has been granted a costs certificate shall be read as including a reference to the legal personal representative of the appellant, respondent, party or person, as the case requires.
(3) In this Act, a reference to a court of a Territory (including a reference to the Supreme Court of a Territory) does not include a reference to a court of Western Australia exercising jurisdiction:
(a) in or in relation to the Territory of Christmas Island under the Christmas Island Act 1958 ; or
(b) in or in relation to the Territory of Cocos (Keeling)
Islands under the Cocos (Keeling) Islands Act 1955 .