Commonwealth Numbered Acts

FEDERAL PROCEEDINGS (COSTS) ACT 1981 No. 23 of 1981 - SECT 6

6. (1) Subject to this Act, where a Federal appeal succeeds on a question of
law, the court that heard the appeal may, on the application of a respondent
to the appeal, grant to the respondent a costs certificate in respect of the
appeal.

(2) Subject to this Act, where a Federal appeal in relation to the amount of
damages awarded by a court succeeds, the court that heard the appeal may, on
the application of a respondent to the appeal, grant to the respondent a costs
certificate in respect of the appeal.

(3) The certificate that may be granted under sub-section (1) or (2) by a
court to a respondent to a Federal appeal is a certificate stating that, in
the opinion of the court, it would be appropriate for the Attorney-General to
authorize a payment under this Act to the respondent in respect of -

   (a)  the costs incurred by the respondent in relation to the appeal; and

   (b)  any costs incurred by an appellant in relation to the appeal that have
        been, or are required to be, paid by the respondent to the appellant
        in pursuance of an order of the court, not being costs to which a
        costs certificate granted under section 7 relates.