Victorian Current Acts

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APPEAL COSTS ACT 1998 - SECT 3

Definitions

    (1)     In this Act—

"appeal" includes an appeal by way of re-hearing, an application for a new trial and any proceeding in the nature of an appeal, but does not include a case stated;

"approved form" means a form approved by the Board;

"Board" means the Appeal Costs Board under Part 5;

"case stated" means—

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

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

"costs", in relation to an appeal or case stated, includes the costs of an application for an indemnity certificate in respect of the appeal or case stated but does not include costs incurred in a court of first instance except where otherwise expressly provided;

"court" includes any tribunal or other body—

        (a)     from whose decision there is an appeal to a superior court on a question of law; or

        (b)     which may state a case for the opinion or determination of a superior court on a question of law or reserve any question of law in the form of a special case for the opinion of a superior court;

"discontinued", in relation to a civil or criminal proceeding, includes discontinued because of—

        (a)     the death or illness of a judge or magistrate hearing the proceeding; or

        (b)     a disagreement on the part of the jury;

"indemnity certificate" means an indemnity certificate granted under Part 2, 3 or 4;

S. 3(1) def. of insolvent under administration repealed by No. 4/2008 s. 32(Sch. item 1).

    *     *     *     *     *

S. 3(1) def. of legal practitioner inserted by No. 18/2005 s. 18(Sch. 1 item 5), amended by No. 17/2014 s. 160(Sch. 2 item 5).

"legal practitioner" means an Australian legal practitioner;

"member" means chairperson or other member of the Board;

"sequence of appeals" means a sequence of appeals in which an appeal that follows next after another appeal in the sequence is an appeal against the decision in that other appeal.

    (2)     For the purposes of this Act—

S. 3(2)(a) amended by No. 13/2019 s. 221(Sch. 1 item 2).

        (a)     if an appellant is a minor or a person under a disability, a reference to an appellant includes a reference to his or her litigation guardian or a person who is his or her guardian within the meaning of the Guardianship and Administration Act 2019 ;

S. 3(2)(b) amended by No. 13/2019 s. 221(Sch. 1 item 2).

        (b)     if a respondent is a minor or a person under a disability, a reference to a respondent includes a reference to his or her litigation guardian or a person who is his or her guardian within the meaning of the Guardianship and Administration Act 2019 .

Part 2—Entitlement to payment in civil matters



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