Appeal Costs (Amendment) Regulations 1996 (Vic)

Appeal Costs (Amendment) Regulations 1996

S.R. No. 132/1996

TABLE OF PROVISIONS

Regulation Page

1.	Objectives	1
2.	Authorising provisions	1
3.	Principal Regulations	1
4.	Amendment of regulation 7	2
5.	Amendment of regulation 8	2
6.	Amendment of regulation 9	3
7.	Amendment of regulation 15	3
8.	Amendment of regulation 16	4
9.	Amendment to Form 1	4
10.	New Form 1A inserted	4

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NOTES 8

i

STATUTORY RULES 1996

S.R. No. 132/1996

Appeal Costs Act 1964

Appeal Costs (Amendment) Regulations 1996

The Governor in Council makes the following Regulations:
Dated: 26 November 1996

Responsible Minister:

JAN WADE

Attorney-General

A. WILTSHIRE

Acting Clerk of the Executive Council

1. Objectives

The objectives of these Regulations are to revise the manner of making applications under sections 13 and 18 of the Appeal Costs Act 1964 and to make consequential and other miscellaneous amendments to the Principal Regulations.

2. Authorising provision

These Regulations are made under section 20 of the Appeal Costs Act 1964.

3. Principal Regulations

In these Regulations, the Appeal Costs
Regulations 19881 are called the Principal
Regulations.

Appeal Costs (Amendment) Regulations 1996

r. 4 S.R. No. 132/1996

4. Amendment of regulation 7

In regulation 7 of the Principal Regulations—

(a)	in sub-regulation (1)(a) for "Full Court, by the presiding Judge" substitute "Court of Appeal, by the presiding senior Judge of Appeal";
(b)

in sub-regulation (2) for "Prothonotary, "Registrar or Prothonotary".

5. Amendment of regulation 8

In regulation 8 of the Principal Regulations—

(a) in sub-regulation (1)—

(i) certificate granted in a criminal

after "Act" insert ", other than a and

(ii)  for "Judge" substitute "senior Judge of Appeal, Judge";

(b) after sub-regulation (1) insert—

"(1A) A certificate granted under section 18(1)(c) or 18(1)(d) of the Act in a criminal proceeding in the Magistrates'

Court must be in Form 1A with Part 1 completed and signed by the presiding Magistrate.";

(c) in sub-regulation (2)—

(i) certificate is granted, other than a

for "such a certificate" substitute "a (1A);"; and

Appeal Costs (Amendment) Regulations 1996

S.R. No. 132/1996 r. 6

(ii)

for "Prothonotary, Registrar or other Prothonotary".

6. Amendment of regulation 9

In regulation 9 of the Principal Regulations—

(a) in sub-regulation (1) after "proceedings" insert ", other than an application by a party to criminal proceedings in the Magistrates' Court,";

(b) in sub-regulation (2)—

(i)  for "An application" substitute "The application";

(ii) occurring) substitute "Registrar or

for "proper officer" (where twice the certificate";

(iii)  omit "or allocatur" (where twice occurring);

(c) after sub-regulation (2) insert— "(3) An application to the Board by an

accused in criminal proceedings in the Magistrates' Court for a certificate for the payment of money under section

18(1)(c) or 18(1)(d) of the Act must be in Form 1A with Part 1 completed and signed by the presiding Magistrate and Part 2 completed by or on behalf of the accused and signed by the applicant."

7. Amendment of regulation 15

In regulation 15 of the Principal Regulations—

Appeal Costs (Amendment) Regulations 1996

r. 8 S.R. No. 132/1996

(a) after "officer" insert "or employee";

(b) for "Public Service Act 1974" substitute "Public Sector Management Act 1992".

8. Amendment of regulation 16

In regulation 16 of the Principal Regulations for "Prothonotary, Registrar or other proper officer" substitute "Registrar or Prothonotary".

9. Amendment to Form 1

In Form 1 to the Principal Regulations—

(a) for—

"CERTIFICATE"

substitute—

"CERTIFICATE

(for all jurisdictions other than criminal proceedings in the

Magistrates' Court)";

(b)

after "JUDGE/MAGISTRATE" insert Appeal/*Judge/*Magistrate]";

(c) omit "Date: [e.g. 16 July 19 ]";

(d)	for "[To be signed by presiding Judge or Magistrate] substitute "[To be signed by the presiding *senior Judge of Appeal/ *Judge/*Magistrate]";
(e)	for "the presiding judge or magistrate" substitute "the presiding senior Judge of Appeal, Judge or Magistrate".

10. New Form 1A inserted

After Form 1 of the Principal Regulations insert—

Appeal Costs (Amendment) Regulations 1996

S.R. No. 132/1996 r. 10

"Form 1A

Regs. 8(1A) and 9(3)

INDEMNITY CERTIFICATE AND APPLICATION TO THE

APPEAL COSTS BOARD

(for criminal proceedings in the Magistrates' Court)

PART 1
Certification by presiding Magistrate—

(section 18(1)(c) and 18(1)(d) of the Appeal Costs Act 1964)

Case number— Date of hearing—

In the MAGISTRATES' COURT AT [name of court]

In the matter of criminal proceedings where the informant is—

[name of informant]	Informant
and the defendant is
[name of defendant]	Defendant

THE COURT CERTIFIES THAT—

*(a) the proceeding was*adjourned by or on behalf of the

prosecution/*discontinued and a new trial ordered;

*(b) it is satisfied the accused has necessarily incurred expense

by reason of the *adjournment/*discontinuance;

*(c) the reasons for the*adjournment/*discontinuance were—

[set out reasons for the adjournment/discontinuance];

*(d) the reason for the *adjournment/*discontinuance was not

attributable in any way to the act, neglect or default	of the
accused or *his/*her legal practitioners.

MAGISTRATE— [to be signed]

[Name of Magistrate]

Appeal Costs (Amendment) Regulations 1996

r. 10 S.R. No. 132/1996

PART 2
Application to Board by accused

1.            Name and address of accused

NAME—	GIVEN NAMES—
ADDRESS—

Postcode

2.            Particulars of Accused's solicitor (if applicable)

NAME OF SOLICITOR OR	Solicitor ID No. (if known)—
SOLICITOR'S FIRM—
ADDRESS—

Postcode

Telephone number—

File reference—

3.            Case History

What is the date of the next scheduled hearing—

4.            Claim for costs

Who represented you—	Name of *Barrister/*Solicitor—
What was the fee for his/her	$
appearance— Were any of the following items incurred that relate only to the *adjournment/*discontinuance of these proceedings—
* Instructing solicitor	$
* Subpoena expenses	$
*Witness fees and expenses	$
*Other costs	$
Note:	Attach copies of barrister's backsheet, solicitor's bill of costs and

any other relevant documents in support of the application

Appeal Costs (Amendment) Regulations 1996

S.R. No. 132/1996 r. 10

5.            Legal Aid Funding

Was assistance granted by Victoria Legal Aid?

If yes, what is the VLA reference number?

6.               Declaration

I declare the above information to be true and correct in every particular

(Signature of Applicant)—

(Date)—

*Delete if inapplicable.".

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Appeal Costs (Amendment) Regulations 1996

Notes S.R. No. 132/1996

NOTES

1 S.R. No. 237/1988.