Victorian Current Acts
[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Download]
[Help]
APPEAL COSTS ACT 1998
TABLE OF PROVISIONS
PART 1--PRELIMINARY
1. Purpose
2. Commencement
3. Definitions
PART 2--ENTITLEMENT TO PAYMENT IN CIVIL MATTERS
4. Application by respondent for indemnity certificate in respect of appeal
5. Certificate entitles respondent to payment of costs
6. Appellant may request direct payment in certain circumstances
7. Application by successful appellant for grant of indemnity certificate in certain circumstances
8. Appellant ordered to pay costs of new trial entitled to be indemnified
9. Respondent may request direct payment in certain circumstances
10. Application for indemnity certificate if civil proceeding discontinued
11. Plaintiff who is under a disability or is a minor entitled to payment when offer of compromise not approved by court
12. Certificate entitles plaintiff to payment of costs
13. Defendant may request direct payment in certain circumstances
PART 3--ENTITLEMENT TO PAYMENT IN CRIMINAL MATTERS
14. Application for indemnity certificate if appeal against conviction is successful
15. Application for indemnity certificate by respondent if the Crown or DPP appeals
15A. Application for indemnity certificate if interlocutory appeal by accused is successful
15B. Application for indemnity certificate by respondent if interlocutory appeal by prosecution
15C. Application for indemnity certificate if case stated for Court of Appeal
16. Application for indemnity certificate if criminal proceeding discontinued
17. Application for indemnity certificate if criminal proceeding adjourned
17A. Application for indemnity certificate if DPP applies for continuation of prosecution of person previously acquitted
18. Proceedings under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997
PART 4--INDEMNITY CERTIFICATES IN CASES STATED
19. Cases stated and questions of law reserved for opinion
PART 5--APPEAL COSTS BOARD
20. Appeal Costs Board
21. Functions of the Board
22. Membership
23. Term of appointment and termination
24. Payment of members
25. Vacancies and resignations
26. Acting members
27. Proceedings before the Board
27A. Board need not hold hearing
28. Meetings
29. Proceeding or decision of Board not invalid by reason of vacancy etc.
30. Conflicts of interest
31. Staff
PART 6--MISCELLANEOUS, TRANSITIONALS AND REPEAL
Division 1--General
31A. Scope of indemnity certificate
32. Effect of indemnity certificate in sequence of appeals
33. Effect of indemnity certificate where there is limited period for appealing
34. Effect of indemnity certificate where there is no limited period for appealing
35. No payments without a certificate of the Board
35A. No payments to certain persons or in respect of certain matters
35B. Meaning of costs reasonably incurred
35C. Board may require costs to be taxed etc.
35D. Time limits for applications to Board
35E. Expiry of indemnity certificates
36. Correction of errors
37. No appeal against grant or refusal of, or limitation on, indemnity certificate
38. Crown cannot be granted an indemnity certificate
39. Payments made or incurred by Victoria Legal Aid
40. Supreme Court—Limitation of jurisdiction
41. Regulations
42. Board discharged from liability
Division 2--Transitionals and repeal
43. Transitional—Application of Act
43A. Transitional—2002 amendments
44. Transitional—Members of the Board
45. Repeal
46. Transitional—2004 amendments
47. Transitional—Justice Legislation Amendment (Court Security, Juries and Other Matters) Act 2017
ENDNOTES
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback