Western Australian Current Regulations Western Australian Current Regulations (1) Subject to
subregulation (2), a person who claims to be entitled to be paid any
moneys out of the Fund may apply in writing to the Board in the form whichever
of Forms 3 or 4 in the schedule is appropriate for a certificate of the Board
authorising payment of the amount claimed out of the Fund.
(2) A person who seeks
a direction of the Board pursuant to section 11(2) of the Act may apply
in writing to the Board in the form of Form 5 in the schedule to these
regulations for such a direction.
(3) A respondent may
make an application under subregulations (1) and (2) in a form which
combines Forms 3 and 5 in the schedule.
(4) An application
under subregulation (1) or (2) shall contain a statement of the facts
upon which the application is made and be signed by the applicant.
(5) An applicant shall
lodge with his application —
(a) in
the case of an application by a respondent to whom an indemnity certificate
has been granted —
(i)
the indemnity certificate, or where the indemnity
certificate is not available, a copy thereof certified to be a true copy by
the proper officer of the Supreme Court;
(ii)
a copy, certified by the proper officer of the Court, of
the judgment ordering the respondent to pay the appellant’s costs;
(iii)
where the appellant’s costs have been ordered to be
taxed — the certificate or allocatur, or, where the
certificate or allocatur is not available, a certified copy thereof, of the
Registrar of the Privy Council or other proper officer of the Privy Council,
or of the Registrar of the High Court of Australia, or of the Taxing Master of
the Supreme Court, as the case may be, certifying the amount at which the
appellant’s costs have been taxed and allowed;
(iv)
where the respondent’s costs have been taxed as
provided in these regulations — the certificate of the officer
by whom such costs have been taxed certifying the amount at which the
respondent’s costs have been taxed and allowed;
(v)
the receipt of the appellant or his solicitors for
payment by the respondent of the amount of the appellant’s costs ordered
to be paid by the respondent, or other evidence of such payment satisfactory
to the Board;
(b) in
the case of an application by an appellant in an appeal in which an indemnity
certificate has been granted to a respondent — the documents
referred to in subparagraphs (i), (ii) and (iii) of paragraph (a);
(ba) in
the case of an application by an appellant in an appeal in which a costs
certificate has been granted —
(i)
the costs certificate or where the certificate is not
available a copy thereof certified to be a true copy by the proper officer of
the Supreme Court; and
(ii)
where the applicant’s costs are required to be
taxed the certificate, or allocatur or, where the certificate or allocatur is
not available, a certified copy thereof, by the Taxing Master of the Supreme
Court certifying the amount at which the appellant’s costs have been
taxed and allowed;
(c) in
the case of an application by a person to whom a certificate has been granted
under section 14(1)(c) or (d) of the Act — the
certificate or, where the certificate is not available, a copy thereof
certified to be a true copy by the proper officer of the Court by which the
certificate was granted;
(d) in
the case of an application by a person under section 14(1)(a) or (b) of
the Act — a copy, certified to be a true copy by the proper
officer of the Court, of the order made by the Court in the proceedings or on
the appeal, as the case may be;
(e) in
the case of an application by a person under section 15 of the
Act —
(i)
a copy, certified to be a true copy by the proper officer
of the Court, of the order of the Court ordering a new trial; and
(ii)
the receipt of the appellant or his solicitors for
payment by the respondent of the amount of the appellant’s costs ordered
to be paid by the respondent, or other evidence of such payment satisfactory
to the Board.
[Regulation 4 amended: Gazette
18 Feb 1972 p. 364.]