FEDERAL PROCEEDINGS (COSTS) ACT 1981 - SECT 7 Costs certificates for appellants--Federal appeals

FEDERAL PROCEEDINGS (COSTS) ACT 1981 - SECT 7

  (1)   Subject to this Act, where:

  (a)   a respondent to a Federal appeal is, in pursuance of an order of a court, required to pay to an appellant any costs (in this section referred to as the relevant costs ) incurred by the appellant in relation to the appeal; and

  (b)   under subsection   6(1) or (2), the respondent is entitled to apply to the court for a costs certificate in respect of the appeal;

the court, on the application of the appellant, may, if it is satisfied that:

  (c)   the respondent is, by reason of lack of means, unable to pay the relevant costs or a part of the relevant costs;

  (d)   the payment of the relevant costs or a part of the relevant costs would cause the respondent undue hardship; or

  (e)   the whereabouts of the respondent are unknown;

grant to the appellant a costs certificate in respect of the appeal.

  (2)   The certificate that may be granted under subsection   ( 1) by a court to an appellant 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 appellant in respect of:

  (a)   where paragraph   ( 1)(c) applies--the whole of the relevant costs or that part of the relevant costs that the respondent is unable to pay;

  (b)   where paragraph   ( 1)(d) applies--the whole of the relevant costs or that part of the relevant costs the payment of which would cause the respondent undue hardship; or

  (c)   where paragraph   ( 1)(e) applies--the relevant costs.