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
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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…