FEDERAL PROCEEDINGS (COSTS) ACT 1981 - SECT 6 Costs certificates for respondents--Federal appeals

FEDERAL PROCEEDINGS (COSTS) ACT 1981 - SECT 6

  (1)   Subject to this Act, where a Federal appeal succeeds on a question of law, the court that heard the appeal may, on the application of a respondent to the appeal, grant to the respondent a costs certificate in respect of the appeal.

  (2)   Subject to this Act, where a Federal appeal in relation to the amount of damages awarded by a court succeeds, the court that heard the appeal may, on the application of a respondent to the appeal, grant to the respondent a costs certificate in respect of the appeal.

  (3)   The certificate that may be granted under subsection   ( 1) or (2) by a court to a respondent to a Federal appeal 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 the respondent in respect of:

  (a)   the costs incurred by the respondent in relation to the appeal; and

  (b)   any costs incurred by an appellant in relation to the appeal that have been, or are required to be, paid by the respondent to the appellant in pursuance of an order of the court, not being costs to which a costs certificate granted under section   7 relates.