Appeal Costs Act 1998 (Vic)

Legislation au Victorian Legislation - Acts (VICLegAct) V I C T O R I A N L E G I S L A T I O N

Legislation content

Version No. 031

Appeal Costs Act 1998

No. 87 of 1998

Version incorporating amendments as at


1 March 2020

TABLE OF PROVISIONS

Section  Page

Part 1—Preliminary

1Purpose

2Commencement

3Definitions

Part 2—Entitlement to payment in civil matters

4Application by respondent for indemnity certificate in respect of appeal

5Certificate entitles respondent to payment of costs

6Appellant may request direct payment in certain circumstances

7Application by successful appellant for grant of indemnity certificate in certain circumstances

8Appellant ordered to pay costs of new trial entitled to be indemnified

9Respondent may request direct payment in certain circumstances

10Application for indemnity certificate if civil proceeding discontinued

11Plaintiff who is under a disability or is a minor entitled to payment when offer of compromise not approved by court

12Certificate entitles plaintiff to payment of costs

13Defendant may request direct payment in certain circumstances

Part 3—Entitlement to payment in criminal matters

14Application for indemnity certificate if appeal against conviction is successful

15Application for indemnity certificate by respondent if the Crown or DPP appeals

15AApplication for indemnity certificate if interlocutory appeal by accused is successful

15BApplication for indemnity certificate by respondent if interlocutory appeal by prosecution

15CApplication for indemnity certificate if case stated for Court of Appeal

16Application for indemnity certificate if criminal proceeding discontinued

17Application for indemnity certificate if criminal proceeding adjourned

17AApplication for indemnity certificate if DPP applies for continuation of prosecution of person previously acquitted

18Proceedings under the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997

Part 4—Indemnity certificates in cases stated

19Cases stated and questions of law reserved for opinion

Part 5—Appeal Costs Board

20Appeal Costs Board

21Functions of the Board

22Membership

23Term of appointment and termination

24Payment of members

25Vacancies and resignations

26Acting members

27Proceedings before the Board

27ABoard need not hold hearing

28Meetings

29Proceeding or decision of Board not invalid by reason of vacancy etc.

30Conflicts of interest

31Staff

Part 6—Miscellaneous, transitionals and repeal

Division 1—General

31AScope of indemnity certificate

32Effect of indemnity certificate in sequence of appeals

33Effect of indemnity certificate where there is limited period for appealing

34Effect of indemnity certificate where there is no limited period for appealing

35No payments without a certificate of the Board

35ANo payments to certain persons or in respect of certain matters

35BMeaning of costs reasonably incurred

35CBoard may require costs to be taxed etc.

35DTime limits for applications to Board

35EExpiry of indemnity certificates

36Correction of errors

37No appeal against grant or refusal of, or limitation on, indemnity certificate

38Crown cannot be granted an indemnity certificate

39Payments made or incurred by Victoria Legal Aid

40Supreme Court—Limitation of jurisdiction

41Regulations

42Board discharged from liability

Division 2—Transitionals and repeal

43Transitional—Application of Act

43ATransitional—2002 amendments

44Transitional—Members of the Board

45Repeal

46Transitional—2004 amendments

47Transitional—Justice Legislation Amendment (Court Security, Juries and Other Matters) Act 2017

═══════════════

Endnotes

1      General information

2      Table of Amendments

3      Amendments Not in Operation

4      Explanatory details

Version No. 031

Appeal Costs Act 1998

No. 87 of 1998

Version incorporating amendments as at


1 March 2020

The Parliament of Victoria enacts…

Continue reading Appeal Costs Act 1998 (Vic)

Sign in free to access the full text

Citations

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.