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(1)

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©State of Queensland

(2)

*APPEAL COSTS FUND REGULATIONS 1974

Department of Justice,

Brisbane, 6th June, 1974.

HIS Excellency the Governor, acting by and with the advice of the Executive Council and in pursuance of the provisions of the Appeal Costs Fund Act 1973, has been pleased to make the following Regulations.

WILLIAM E. KNOX.

APPEAL COSTS FUND REGULATIONS 1974

1. These Regulations may be cited as the Appeal Costs Fund Regulations and shall be in force on and from the First day of July, 1974.

2. In these Regulations, unless the context otherwise indicates or requires,

"the Act" means the Appeal Costs Fund Act 1973;

"applicant" means a person making an application for a certificate of the Board authorizing payment of an amount out of the Fund or for a direction of the Board;

"Board" means the Appeal Costs Board constituted under the Act;

"Fund" means the Appeal Costs Fund established under the Act;

"indemnity certificate" means an indemnity certificate granted under the Act;

"proper officer" used in relation to a court, means-

(a) in the case of the Supreme Court or a District Court, the Registrar;

(b) in the case of a Magistrates Court, the Clerk of the Court;

( c) in the case of the Industrial Court, the Industrial Registrar;

"Secretary" means Secretary to the Board.

3. The additional fee payable to the proper officer of the appropriate Court under section lOaf the Act upon a writ, summons, complaint or other document commencing a legal proceeding shall be-

(a) upon the issue of a writ, summons or other document whereby a cause or matter is commenced in the Supreme Court-

$2.00;

(b) upon the issue of a plaint, summons or other document whereby a proceeding is commenced in a District COllrt-

$1.50;

(c) upon the issue of a complaint, summons or other document whereby a proceeding is commenced in a Magistrates Court- 25 cents.

4. A statement prepared by the proper officer pursuant to section 12 of the Act shall be in the form contained in Form 1 of the Schedule to these Regulations or to the like effect.

*Published in Queensland Government Gazette, dated 8th June, 1974, Vol. CCXLVI, No. 32, pages 793-802.

(3)

2 Appeal Costs Fund Regulations

5. (1) An indemnity certificate granted under section 15 of the Act shall be in the form contained in Form 2 of the Schedule to these Regulations or to the like effect and shall be signed-

(a) in the case of a·n indemnity certificate granted by the Full Court, by the Judge presiding in the said Court;

(b) in the case of an indemnity certificate granted by a single Judge of the Supreme Court (whether sitting in Court or in Chambers) by that Judge;

(c) in the case of an indemnity certificate granted by a Judge of the District Court (whether sitting in Court or in Chambers) by that Judge.

(2) A certificate granted pursuant to paragraph (c) of subsection ( 1) of section 22 of the Act shall be in the form contained in Form 3 of the Schedule to these Regulations or to the like effect, and shall be signed by the presiding Judge, Magistrate or Justice as the case may be.

(3) A person to whom an indemnity certificate or a certificate under paragraph (c) of subsection (1) of section 22 of the Act is granted shall cause the same to be prepared and shall present the same to the Judge, Magistrate or Justice as the case may be for signature, together with a copy thereof which shall be filed by the proper officer of the Court with the file relating to the appeal or proceeding in respect of which the certificate was granted.

(4) If a respondent to whom an indemnity certificate has been granted fails to comply with the provisions of subregulation (3) , the appellant may cause the same to be prepared and presented to the Judge for signature, together with a copy thereof, which shall be filed in the manner provided in subregulation (3).

6. (1) (a) Any person who claims that he is entitled to be paid any moneys out of the Fund may apply in writing to the Board for a certificate of the Board authorizing payment of the amount claimed out of the Fund.

(b) Any person who seeks a direction of the Board pursuant to subsection (2) ,of section 16 of the Act may apply in writing to the Board for such direction.

(2) (a) Every application under paragraph (a) of subregulation (1) shall be in the form contained in Form 4 or Form 5 of the Schedule to these Regulations (as the case requires) or to the like effect and every application under paragraph (b) of subregulation (1) shall be in the form contained in Form 6 of the Schedule to these Regulations or to the like effect.

(b) A respondent may make an application under paragraphs (a) and (b) of subregulation (1) in a form which combines Form 4 and Form 6 of the Schedule to these Regulations.

(3) Every application under subregulation (1) shall be supported by evidence on affidavit of the facts upon which the application is made.

(4) The applicant shall lodge the following documents with his application-

(a) in the case of an application by a respondent to whom an indemnity certificate has been granted:

(i) the indemnity certificate, or where the indemnity certificate is not available, a copy thereof certified to be a true copy by the proper officer of the Court by which the said indemnity certificate was granted;

(4)

proper officer of the _Court~ of respondent to pay the appellanfs (ii) a copy" certified by

the judgnlent ordering

costs.~

(iii) \vhere the to be taxed-

the certificate. the certificate or

allocatur is not thereof, of the

Registrar the or of Registrar of the

Hi~!h C\)urt of or of 'faxirl,g :rVlaster of tIle Supren1c (~ourt, tIle amount at \\7hich the appellant's costs have been allo\ved;

(iv) where the respOlldcnt's costs have been taxed as 11rovided

if! ~heseRegulations-the certificate of the officer by \vhom

costs have the an10unt

at

^\Vllich

the resI-1ondenfs costs have been taxed a.nd allowed.

(b) in the case of an application by an appellant in an appeal in \vhich all indemnity been granted to a r e s p o n d e n t : ' " ~-

the docun1ents referrticl to ^ill subparagraphs (i), (ii) and (iii) of the last preceding paragraph;

(c) in the case of an applicatioll by a person tawhonl a certificate has been granted llnder paragraph (c) of subsection (1) of section 22 of the Act:

the said certificate or~ \vhere the certificate is not available, a copy thereof certitied to be a trile copy by the proper officer of the the said certificate

\v-as granted;

«(1) in the case of an application by a person uflder paragraph (a) or paragraph (b) of subsection (1) of section 22 of the Act:

a copy, certified to be a true copy by the proper officer of the COlIrt, of the order nlade by the Court in tIle proceedings or on the appeal, as the case nlay be;

( e) in the case of an application by a person under section twenty-three of the Act:

a copy, certified to be a true eopy by the proper officer of the Couti, of the order of the Court ordering a ne\v trial.

7. Every application under Regulation 6 shall be made-

( a) in the case of an application made under section 15 of the Act-\vithin six months after the date on which the appeal has succeeded in respect of which the indemnity certificate has been granted;

(b) in the case of an application made under section 22 or section 23 of the Act-\vithin six months after the new trial referred to in the said sections.

8. The Board may at any time, whether before or after the expiration of the said periods of six months, upon application made to the Board in that behalf extend or further extend the period fixed for the making of applications under Regulation 6 and may itnpose any conditions it thinks fit upon the applicant in relation to any such extension.

9. For the purposes of any application for payment from the Fund the Board may require the applicant to have the costs taxed by the ta~ing

officer of the Court concerned or, to enable agreement to be reached

(5)

4 Appeal Costs F1Jnd Regulations

$10.00

$15.00

$22.00

$30.00 between the Board and the applicant as to the amount of the applicant'~

costs, by an assessor nominated by the Board with the consent of the applicant.

10. The Board may require an applicant to produce to the Board such additional evidence in support of his application as it may think fit.

11. (1) Upon being satisfied that a payment out of the Fund is authorized by the Act and that the provisions of the Act and these Regulations in relation to any claim for paynlent have been complied with, the Board shall issue a certificate setting out the sum which the person named therein is entitled to be paid and authorizing the payment of such sum out of the Fund.

(2) Every certificate issued by the Board under subregulation (1) shall be signed by the Cllairman of the Board or by a member of the Board authorized by the Board to sign such certificate and shall be in the fonn contained in Form 7 in the Schedule to these Regulations or to the like effect.

(3) Every direction made by the Board pursuant -to section 16 (2) of the Act shall be in writing and shall be signed by the Chairman of the Board or by a member of the Board authorized by the Board to sign such direction.

(4) Every such certificate and direction shall be sent by the Secretary to the person entitled thereto forthwith after it has been issued.

12. (1) The fee payable to the Chairman of the Board for his attendance at a meeting of the Board shall be-

(a) For a meeting of two hours or less

(b) For a meeting which exceeds two hours but does not exceed four hours

(c) For a meeting which exceeds four hours

(2) The fee payable to each other member of the Board for his attendance at a meeting of the Board shall be-

( a)

f

or a meeting of two hours or less

(b) For a meeting which exceeds two hours but does

not exceed four hours $15.00

(c) For a meeting which exceeds four hours $20.00 ( 3) An officer of the Public Service shall be paid fees only in respect of his attendance at a nleeting of the Committee held outside ordinary working hours.

13. (1) The fees and allowances of the members of the Board and the costs of administration of the Board shall be paid out of the Fund upon the certificate of the Board at such intervals and in such manner as the Board determines.

(2) Every certificate issued by the Board under subregulation (1) shall be signed by the Chainnan of the Board or by a member of the Board authorized by the Board to sign such certificate and shall be in the Form contained in Form 8 in the Schedule to these Regulations or to the like effect.

14. The Secretary shall-

(a) keep a register of all applications made to the Board for payment from the Fund;

(6)

Appeal Costs Fund Regulations 5 (b) file all applications arid documents lodged therewith;

(c) keep minutes of the meetings of the Board; and

( d) conduct such correspondence and other business as is directed by the Board.

15. The Board shall meet at such times and places as the Board determines or as are fixed by the Chairman and notified by the Secretary to the other members of the Board.

16. (1) The Board may by notice in writing to the proper officer of the Court require the production or transll1ission to the Board of an.y file or papers in the custody of such proper officer and relating to any application the.J. before the Board and the proper officer of the Court concerned shall produce or transmit such file or papers accordingly.

(2) Any notice under subregulation (1) may be signed by the Secretary or other person authorized by the Board.

THE SCHEDULE Form 1

Appeal Costs Fund Regulations 1974

STATEMENT TO TREASURER OF TOTAL AMOUNT OF FEES PAID PURSUANT TO SECTION 10 OF THE ACT, DURING THE MONTH OF

In the

(Court) Total number of writs, summonses,

complaints or other documents upon which a fee was payable

Total anl0unt paid

Dated at this day of ,19 .

(set out nan1e under signature) Proper Officer of the Court.

(7)

6 .:4ppeaI Costs f-'lUlli RegII{a tiOilS

In the

2

Appeal COS1S Fund Regulations 1974

(Court)

In the I11atter of the .t4ppeal Costs Fund .{~lct

15t73

and

In the DlaHer of an appeal between (Appellant) and

(Respondent)

INDE1\1Nlrf CERTIFICATE WHEREAS:

1. On the day of , 19 ,the abovenamed

(Happellant" or ~'respondent" as the case !nay be) issued out of the Court at (place) a (~'writ", "sumnlons", ~'complainf', &c., as the case l1zay be) against the abovenanled ("'respondent" or '''appellant'' as the case l11ay be);

2. On the day of ,19 ,the said Court ordered

In favour of the respondent against the appellant that:

(Set out substance of order)

3. On the day of ,19 ~ the appellant appealed

against the said decision to (nanze of Court) (hereinafter called "the Appeal Court") on grounds \vhich included a question of la\\';

4. On the day of ,19 ,the Appeal Court ordered

that:

(Set out substance of order or judg111ent) and thereby the said appeal succeeded on a question of la\v;

5. On the day of ,19 ,the respondent applied to

the Appeal C'oun for an indemnity certificate in respect of the said Appeal;

6. On the day of ,19 ,the A_ppeal Court decided

that an indemnity certificate be granted to the respondent in respect. of the said appe.al;

day of , 19

(Set out beneath signature the nanze of the Judge and the capacity in ~~Izich the certificate is signed, e.g., "Judge presiding in the Full Court".)

IT IS HFREBY CERTIFIED THAT the respondent be indemnified in respect of the costs of the said appeal pursuant to the provisions of the Appeal Costs Fund Act 1973.

Dated the

Form 3

Appe.al Costs Fund Regulations 1974 In the

( Court)

In the nlatter of the Appeal Costs Fund Act 1973

and

In the matter of proceedings bet\veen ("Plain- tiff", "Prosecutor" or as the case nzay be)

and

("Defendant" or as the case ,nay be)^t

(8)

Appeal Costs Fund Regulations 7

CERTIFICATE PURSUANT TO SECTION 22 (1) (c) OF THE ApPEAL COSTS FUND ACT 1973

WHEREAS:

1. On the day of 19 ("civil" or "criminal" as the case Inay be) proceedings were commenced

by

the' abovenamed ("plaintiff" or as the case lllay be) _again~t the abovenamed ("defendant" or as the case nlay be) in the (Ilalne of Court) at (place);

2. On the day of ,19 ,the said proceedings "/ere being heard in the said Court before (name of Judge, A1agistrate of Justice) (hereinafter called '·the presiding judicial officer") and on the said date the said hearing was discontinued and a new trial ordered by the presiding judicial officer.

It is hereby certified that:

( 1) The reason why the said proceedings were discontinued was:

(Set out reason)

(2) A new trial of the said proceedings was ordered;

(3) The said reason was not attributable in any way to the Act, neglect or default of (in the case of civil proceedings) all or anyone or more of the parties to the said proceedings or .their legal practitioners (or in the case of criminal proceedings) the accused or his legal practitioners.

Dated the day of , 19

(Set out nanle of Judge, &c., under signature and capacity, e.g., "Judge of the Supreme Court").

Form 4

In the matter of the Appeal Costs Fund Act 1973

and

In the matter of an appeal between

(Appellant) and

(Respondent)

ApPLICATION TO THE ApPEAL COSTS BOARD BY THE RESPONDENT FOR A CERTIFICATE AUTHORIZING PAYMENT OUT OF THE ApPEAL COSTS FUND

, of , in the State of

abovenamed respondent hereby apply to the Appeal Costs for payment to me from the Appeal Costs Fund of the I,

(occupation) being the Board for a certificate following amounts:

(Set out in nu.lnbered paragraphs each amount claimed and whether it is clahn~d as appellant's costs or as the case may be.)

An indemnity certificate was granted to the abovenamed respondent in respect of the abovenamed appeal by the (nanle of Court) on the day of

, 19

The facts on which this application is made are set out in the affidavit of

(name of person) sworn the day of ,.19

The following documents are lodged with this application:- ( 1) The affidavit hereinbefore referred to.

(2) &c. (Set out such of the documents referred to in Regulation 6 (4) as are relevant).

(Signature of applicant).

(9)

Appeal Costs Fund Regulations

Form 5

and

In the matter of a (state nature of proceedings, e.g., complaint information action or pre- sentment) in the (name of Court) wherein was ("complainant" or as the case may be)

and

was ("defendant" or as the case may be).

ApPLICATION TO THE ApPEAL COSTS BOARD BY THE COMPLAINANT (OR AS TIIE CASE MAY BE) FOR A CERTIFICATE AUTHORIZING PAYMENT OUT OF THE APPEAL CosTS FUND PURSUANT TO SECTION 22 OF THE ACT (OR SECTION 23 OF 1HE ACT AS THE CASE MAY BE).

I, , of , in the State of

(occupation) being the abovenamed complainant (or as the case may be) hereby apply to the Appeal Costs Board for a certificate for payment to me from the Appeal Costs Fund of the following amounts:

(Set out in numbered paragraphs each amount claimed.) The ground on which this application is made is as follows:-

(Set out ground, e.g., "that tJhe abovenamed proceedings were rendered abortive by the death of Mr. S.M., the Magistrate before whom the proceedings were had").

(Where the application is made under section 22 (1) (c), insert the following paragraph:

A certificate under section 22 (1) (c) of the Act was granted to the applicant in respect of the abovenamed proceedings by (name 0/

the presiding Magistrate, &c.) the presiding Magistrate (or as the case

may be) on the day of ,19 ).

(name of perso"n) sworn the day of ,19 ·

The following documents are lodged with this application:- ( 1) The affidavit hereinbefore referred to.

(2) &c. (Set out such 0/ the documents referred to in Regulation 6 (4) as are relevant).

(Signature of applicant.)

(10)

Appeal Costs Fund Regulations 9

Form 6

and

In the matter of an appeal between (Appellant) and

(Respondent)

ApPLICATION TO THE ApPEAL COSTS BOARD BY THE ABOVENAMED FOR A DIRECTION PURSUANT TO SECTION 16 (2) OF THE ACT

I, , of , in the State of

(occupation) being the abovenamed hereby apply to the Appeal Costs Board for a direction that the sum of being costs not already paid by the abovenamed respondent be paid from the Appeal Costs Fund for and on behalf of the abovenamed respondent to

An indemnity certificate was granted to the tabovenamed respondent in respect of the abovenamed appeal by the (name of Court) on the day of

, 19 I

The ground on which this application is made is:

(Set out ground, e.g., "that the respondent unreasonably refuses to pay the appellant the costs referred to in sections 16 (1) (a) of the Act").

(name of person) sworn the day of , 19

The following documents are lodged with this application:

( 1) The affidavit hereinbefore referred to.

(2) &£. (Set out such of the documents referred to in Regulation 6 (4) as are relevant).

(Signature of applicant.)

Form 7

and

In the matter of an appeal (or "proceedings"

as the case may be) between ("appellant" or as the case may be)

. and

("respondent" or as the case may be).

CERTIFICATE OF mE ApPEAL COSTS BOARD

To the Under Secretary, Department of Justice:

Pursuant to the Appeal Costs Fund Act 1973 the Appeal Costs Board hereby

certifies that the abovenamed of in the State of

is entitled to be paid out of the Appeal Costs Fund the sum of and authorizes the payment of the said sum to the said

out of the said Fund.

Dated at Brisbane this day of ,19 •

(Set out name under signature.) Chairman, Appeal Costs Board.

(11)

10 Appeal Costs Fund Regulations Form 8

and

In the matter of an appeal (or "proceedings^H as the case 111ay be) between

(HappeHant" or as the case Inay be) and

("respondent" or as the case 171ay be).

CERTIFICATE OF TIlE ApPEAL COSTS BOARD

To the Under Secretary, Department of Justice:

Pursuant to the Appeal Costs Fund Act 1973 the Appeal Costs Board hereby certifies that a member of the Appeal Costs Board is entitled to be paid out of the Appeal Costs Fund the sum of for fees for attendances at meetings of the said Board as folIows:-

(Set out dates and duration of 111eetings) (or "for travelling allowances" as the case !nay be).

The Board authorizes the payment of the said sum to the said menlber out of the said Fund.

Dated at Brisbane this day of , 19

(Set Ollt nan-ze under signa.ture.) Chairman, Appeal Costs Board.

11170-8y Authority: S. R. HAMPSON. Government Printer. Queensland-* 19S1