Victorian Current Acts

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APPEAL COSTS ACT 1998 - SECT 34

Effect of indemnity certificate where there is no limited period for appealing

    (1)     If an appeal lies against a decision in an appeal and there is not a limited period for instituting that appeal, the effect of an indemnity certificate granted to a respondent under section 4 in respect of that appeal is stayed—

        (a)     if an application for leave to appeal against the decision in that appeal is made—until that application is determined and, if leave is granted, until the determination of the appeal; or

        (b)     until the respondent gives an undertaking in writing to the Board that they will not make an application for leave to appeal or appeal against the decision in that appeal

whichever happens first.

    (2)     If an appeal lies against a decision in an appeal and there is not a limited period for instituting that appeal, the effect of an indemnity certificate granted to an appellant under section 7(1) in respect of that appeal is stayed—

        (a)     if an application for leave to appeal against the decision in that appeal is made—until that application is determined and, if leave is granted, until the determination of the appeal; or

        (b)     until the expiry of 3 months after the date of the decision in the appeal against which an appeal lies—

whichever happens first.

    (3)     If a respondent breaches an undertaking that they have given to the Board under subsection (1)(b), the respondent must, on demand made by the Board, repay to the Board any amount paid to the respondent pursuant to the indemnity certificate.

    (4)     If an appellant granted an indemnity certificate under section 7(1) in respect of an appeal to the Supreme Court is a party to a successful appeal against the decision of the Supreme Court, the appellant must, on demand made by the Board, repay to the Board any amount paid to the appellant pursuant to the indemnity certificate.

    (5)     If a person does not repay any amount required to be repaid under subsection (3) or (4), the Board may recover that amount as a debt due to it in a court of competent jurisdiction.

    (6)     Any amount paid to or recovered by the Board under this section must be paid into the Consolidated Fund.



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