Commonwealth Numbered Acts

FEDERAL PROCEEDINGS (COSTS) ACT 1981 No. 23 of 1981 - SECT 8

8. (1) Subject to this Act, where, in a Federal appeal that succeeds on a
question of law, the court that heard the appeal grants a new trial in a cause
of a civil nature, the court may, on the application of a party to the cause,
grant to the party a costs certificate in respect of the new trial.

(2) Subject to this Act, where, in a Federal appeal, being a Federal appeal
against a conviction on indictment or a Federal appeal in a sequence of
appeals which includes an appeal against a conviction on indictment, that
succeeds on a question of law, the court that heard the Federal appeal grants
a new trial of an accused person, the court may, on the application of the
accused person, grant to the accused person a costs certificate in respect of
the new trial.

(3) The certificate that may be granted under sub-section (1) or (2) to a
party to a cause or to an accused person, as the case may be, by a court that
has granted a new trial 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 that party or accused person in respect of such part as the
Attorney- General considers appropriate of any costs incurred by that party or
accused person in relation to the new trial.