Victorian Consolidated Legislation

Appeal Costs Act 1998 - SECT 3

Definitions

3. Definitions



(1) In this Act-

appeal includes an appeal by way of re-hearing, an application for a new trial
and any proceeding in the nature of an appeal, but does not include a case
stated;

approved form means a form approved by the Board;

Board means the Appeal Costs Board under Part 5;

case stated means-

   (a)  a case stated for the opinion or determination of a superior court on
        a question of law; or

   (b)  a question of law reserved in the form of a special case for the
        opinion of a superior court;

costs, in relation to an appeal or case stated, includes the costs of an
application for an indemnity certificate in respect of the appeal or case
stated but does not include costs incurred in a court of first instance except
where otherwise expressly provided;

court includes any tribunal or other body-

   (a)  from whose decision there is an appeal to a superior court on a
        question of law; or

   (b)  which may state a case for the opinion or determination of a superior
        court on a question of law or reserve any question of law in the form
        of a special case for the opinion of a superior court;

discontinued, in relation to a civil or criminal proceeding, includes
discontinued because of-

   (a)  the death or illness of a judge or magistrate hearing the proceeding;
        or

   (b)  a disagreement on the part of the jury;

indemnity certificate means an indemnity certificate granted under Part 2, 3
or 4;



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legal practitioner means an Australian legal practitioner within the meaning
of the Legal Profession Act 2004;



member means chairperson or other member of the Board;

sequence of appeals means a sequence of appeals in which an appeal that
follows next after another appeal in the sequence is an appeal against the
decision in that other appeal.

(2) For the purposes of this Act-

   (a)  if an appellant is a minor or a person under a disability, a reference
        to an appellant includes a reference to his or her litigation guardian
        or a person who is his or her guardian within the meaning of the
        Guardianship and Administration Act 1986;

   (b)  if a respondent is a minor or a person under a disability, a reference
        to a respondent includes a reference to his or her litigation guardian
        or a person who is his or her guardian within the meaning of the
        Guardianship and Administration Act 1986.

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