Victorian Current Acts

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APPEAL COSTS ACT 1998 - SECT 19

Cases stated and questions of law reserved for opinion

    (1)     If in any proceeding—

        (a)     a case is stated for the opinion or determination of a superior court on a question of law; or

        (b)     a question of law is reserved in the form of a special case for the opinion of a superior court

any party to that proceeding other than a party who is or represents the Crown, may apply to the superior court for, and the court may grant, an indemnity certificate in respect of the costs that the party has incurred in respect of the proceeding on the case stated.

    (2)     Subject to subsection (3), a party granted an indemnity certificate under subsection (1) is entitled to be paid by the Board, on an application made to it by the party in the approved form, an amount equal to that party's own costs of the proceeding on the case stated that the Board considers to have been reasonably incurred.

    (3)     The maximum amount payable to a party pursuant to an indemnity certificate granted under subsection (1) is $50 000 or any other amount that is prescribed.

Part 5—Appeal Costs Board



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