Victorian Current Acts

APPEAL COSTS ACT 1998

TABLE OF PROVISIONS

   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  
   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  

           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  
   47.     Transitional—Justice Legislation Amendment (Court Security, Juries and Other Matters) Act 2017  
           ENDNOTES