Victorian Current Acts

APPEAL COSTS ACT 1998 - SECT 6

S. 6(1) amended by No. 38/2017 s. 16(a).

    (1)     An appellant, whose costs referred to in section 5(1)(a) were ordered to be paid by a respondent granted an indemnity certificate under section 4, is entitled to be paid those costs (or any part of them) by the Board, on an application made to it by the appellant in the approved form, if the Board is satisfied that—

S. 6(1)(a) substituted by No. 38/2017 s. 16(b).

        (a)     the appellant has taken reasonable steps to obtain payment from the respondent; and

S. 6(1)(b) substituted by No. 38/2017 s. 16(b).

        (b)     despite the appellant taking reasonable steps in accordance with paragraph (a), the respondent has not paid those costs or that part.

    (2)     On the payment to the appellant, the Board is discharged from any liability to the respondent in respect of any costs so paid.

    (3)     The maximum amount payable to an appellant under this section is $50 000 or any other amount that is prescribed.