Commonwealth Numbered Acts

FEDERAL PROCEEDINGS (COSTS) ACT 1981 No. 23 of 1981 - SECT 3

3. (1) In this Act, unless the contrary intention appears -



"costs", in relation to proceedings, includes -

   (a)  the costs of obtaining a costs certificate in respect of the
        proceedings; and

   (b)  the costs of taxing, or otherwise ascertaining, costs in respect of
        the proceedings;



"costs certificate" means a costs certificate granted under sub-section 6 (1)
or (2), 7 (1), 8 (1) or (2), 9 (1) or 10 (2) or (3);



"Family Court" means the Family Court of Australia;



"Federal appeal" means -

   (a)  an appeal to the Full Court of the High Court from a judgment of the
        High Court constituted by a single Justice;

   (b)  an appeal to the High Court from a judgment of the Federal Court;

   (c)  an appeal to the High Court from a judgment of the Supreme Court of a
        Territory;

   (d)  an appeal to the High Court from a judgment of the Family Court;

   (e)  an appeal to the Full Court of the Federal Court from a judgment of
        the Federal Court constituted by a single Judge;

   (f)  an appeal to the Federal Court from a judgment of the Supreme Court of
        a Territory;

   (g)  an appeal to the Federal Court from a decision of the Administrative
        Appeals Tribunal;

   (h)  an appeal to the Supreme Court of a Territory from a judgment of
        another court of that Territory;

   (j)  an appeal to the Full Court of the Family Court from a judgment of the
        Family Court constituted otherwise than as a Full Court; or

   (k)  an appeal to the Family Court from a judgment of a court of a State, a
        court of an internal Territory (including the Northern Territory) or a
        court of Norfolk Island;



"Federal Court" means the Federal Court of Australia;



"judgment" includes any degree, order or decision, whether final or
interlocutory, and a conviction or sentence;



"proceedings" includes a Federal appeal and a trial;



"sequence of appeals" means a sequence of appeals in which each appeal that
follows next after another appeal in the sequence is an appeal against the
judgment in that other appeal;



"Territory" does not include the Northern Territory or Norfolk Island.

(2) A reference in this Act to an appellant to an appeal, a respondent to an
appeal, a party to a cause or to proceedings, an accused person or a person
who has been granted a costs certificate shall be read as including a
reference to the legal personal representative of the appellant, respondent,
party or person, as the case requires.