APPEAL COSTS ACT 1998
Table of Provisions
PART 1--PRELIMINARY
PART 2--ENTITLEMENT TO PAYMENT IN CIVIL MATTERS
- 4 Application by respondent for indemnity certificate in respect of appeal
- 5 Certificate entitles respondent to payment of costs
- 6 Appellant may request direct payment in certain circumstances
- 7 Application by successful appellant for grant of indemnity certificate in certain circumstances
- 8 Appellant ordered to pay costs of new trial entitled to be indemnified
- 9 Respondent may request direct payment in certain circumstances
- 10 Application for indemnity certificate if civil proceeding discontinued
- 11 Plaintiff who is under a disability or is a minor entitled to payment when offer of compromise not approved by court
- 12 Certificate entitles plaintiff to payment of costs
- 13 Defendant may request direct payment in certain circumstances
PART 3--ENTITLEMENT TO PAYMENT IN CRIMINAL MATTERS
- 14 Application for indemnity certificate if appeal against conviction is successful
- 15 Application for indemnity certificate by respondent if the Crown or DPP appeals
- 15A Application for indemnity certificate if interlocutory appeal by accused is successful
- 15B Application for indemnity certificate by respondent if interlocutory appeal by prosecution
- 15C Application for indemnity certificate if case stated for Court of Appeal
- 16 Application for indemnity certificate if criminal proceeding discontinued
- 17 Application for indemnity certificate if criminal proceeding adjourned
- 17A Application for indemnity certificate if DPP applies for continuation of prosecution of person previously acquitted
- 18 Proceedings under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997
PART 4--INDEMNITY CERTIFICATES IN CASES STATED
- 19 Cases stated and questions of law reserved for opinion
PART 5--APPEAL COSTS BOARD
- 20 Appeal Costs Board
- 21 Functions of the Board
- 22 Membership
- 23 Term of appointment and termination
- 24 Payment of members
- 25 Vacancies and resignations
- 26 Acting members
- 27 Proceedings before the Board
- 27A Board need not hold hearing
- 28 Meetings
- 29 Proceeding or decision of Board not invalid by reason of vacancy etc.
- 30 Conflicts of interest
- 31 Staff
PART 6--MISCELLANEOUS, TRANSITIONALS AND REPEAL
Division 1--General
- 31A Scope of indemnity certificate
- 32 Effect of indemnity certificate in sequence of appeals
- 33 Effect of indemnity certificate where there is limited period for appealing
- 34 Effect of indemnity certificate where there is no limited period for appealing
- 35 No payments without a certificate of the Board
- 35A No payments to certain persons or in respect of certain matters
- 35B Meaning of costs reasonably incurred
- 35C Board may require costs to be taxed etc.
- 35D Time limits for applications to Board
- 35E Expiry of indemnity certificates
- 36 Correction of errors
- 37 No appeal against grant or refusal of, or limitation on, indemnity certificate
- 38 Crown cannot be granted an indemnity certificate
- 39 Payments made or incurred by Victoria Legal Aid
- 40 Supreme Court—Limitation of jurisdiction
- 41 Regulations
- 42 Board discharged from liability