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APPEAL COSTS ACT 1998 - SECT 35E Expiry of indemnity certificates

APPEAL COSTS ACT 1998 - SECT 35E

Expiry of indemnity certificates

    (1)     Subject to subsection (2), if an application for payment under this Act is not lodged with the Board within the time referred to in section 35D, the indemnity certificate expires.

    (2)     Despite subsection (1), the Board may determine that an application for payment under this Act may be assessed and determined as if the indemnity certificate had not expired, if it considers that it is in the interests of justice to do so.

S. 35E(3) inserted by No. 38/2017 s. 27.

    (3)     In considering whether it is in the interests of justice to determine an application as if the indemnity certificate has not expired under subsection (2), the Board must have regard to the following—

        (a)     whether any negotiations with the other party regarding the settlement, taxation or payment of costs were progressed with reasonable expedition;

        (b)     the actions of the applicant and the applicant's legal practitioner;

        (c)     the consequences of granting or not granting the extension, including any financial implications;

        (d)     whether it is fair and equitable in the circumstances to consider an application made beyond the time limit specified in section 35D.