Queensland Subordinate Legislation as Made

APPEAL COSTS FUND REGULATION 2024 - REG 6

6 Documents to accompany claims for payments authorised by Act, s 23

For section 3 (b) (iii) , the documents are—

(a) a copy of the order for a new trial; and

(b) for a claim for a payment authorised under section 23(1) of the Act —

(i) if the order mentioned in paragraph (a) does not state the grounds for the order—a copy of a transcript stating the grounds for the order; and

(ii) a copy of any order for costs mentioned in section 23 (1) (a) of the Act ; and

(c) any order of the proper officer stating the amount at which costs, for all or part of the costs claimed in the application, have been assessed; and

(d) an itemised bill of costs for any costs, other than costs to which paragraph (c) applies, claimed in the application; and

(e) a copy of any costs agreement between the applicant and the applicant’s solicitor for a proceeding mentioned in section 23 (1) or (3) of the Act (the
"proceeding" ); and

(f) a copy of any disclosure of costs stating the cost incurred by the applicant for retaining a barrister for the proceeding; and

(g) a copy of a receipt, or other document, evidencing the payment of the applicant’s costs relating to the proceeding, including, for example, any additional costs of a new trial; and

(h) if the payment is authorised under section 23 (2) (a) of the Act —

(i) a copy of any receipt, or other document, evidencing the payment, by or on behalf of the respondent to the motion for the new trial, of the respondent’s costs mentioned in section 23 (1) (a) of the Act ; and

(ii) an affidavit or statutory declaration stating how the respondent to the motion for the new trial has failed to pay the applicant’s costs; and

(i) an affidavit or statutory declaration stating any other information the applicant intends to rely on for the application.