Victorian Consolidated Legislation

APPEAL COSTS ACT 1998

No. 87 of 1998
Version incorporating amendments as at 1 December 2008

TABLE OF PROVISIONS

           Section Page

   PART 1-PRELIMINARY

   1.      Purpose
   2.      Commencement
   3.      Definitions

   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
   16.     Application for indemnity certificate if criminal proceeding discontinued
   17.     Application for indemnity certificate if criminal proceeding adjourned
   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

   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 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

           Division 2-Transitionals and repeal

   43.     Transitional-Application of Act
   43A.    Transitional-2002 amendments
   44.     Transitional-Members of the Board
   45.     Repeal
   46.     Transitional-2004 amendments
           ---------------
           ENDNOTES
           1. General Information
           2. Table of Amendments
           3. Explanatory Details