Appeal Costs Fund Regulation 1974 (QLD)

Queensland Appeal Costs Fund Act 1973 APPEAL COSTS FUND REGULATION 1974 Reprinted as in force on 14 January 1999 (includes amendments up to SL No. 337 of 1998) Reprint No. 1C This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy

Information about this reprint This regulation is reprinted as at 14 January 1999. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. This page is specific to this reprint. See previous reprints for information about earlier changes made under the ReprintsAct1992. A table of earlier reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprints.

Queensland APPEAL COSTS FUND REGULATION 1974 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2A Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Additional fees on documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 5 Indemnity certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 6 Claims for payment out of Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 7 Time limit for making claims on Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 8 Extension of time limit for making claims on Fund . . . . . . . . . . . . . . . . . . . 7 9 Taxing of costs for claim . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 10 Additional evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 11 Payments out of Fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 12 Fees payable to Board members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 13 Payment of fees to Board members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 14 Duties of Secretary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 15 Board meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 16 Production of documents to Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 18 Amount payable under indemnity certificate . . . . . . . . . . . . . . . . . . . . . . . . 9 19 Entitlement on order for new trial on certain grounds . . . . . . . . . . . . . . . . . . 9 20 Entitlement on refusal of court to sanction compromise . . . . . . . . . . . . . . . 10

2 Appeal Costs Fund Regulation 1974 ENDNOTES 1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . 11 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

s 1 3 s 2A Appeal Costs Fund Regulation 1974 APPEAL COSTS FUND REGULATION 1974 [as amended by all amendments that commenced on or before 14 January 1999] ˙ Short title 1. This regulation may be cited as the Appeal Costs Fund Regulation 1974 . ˙ Definitions 2. In this regulation— “the Act” means the Appeal Costs Fund Act 1973 . “applicant” means a person making an application for a certificate of the Board authorising payment of an amount out of the Fund or for a direction of the Board. “Board” means the Appeal Costs Board constituted under the Act. “Fund” means the Appeal Costs Fund established under the Act. “indemnity certificate” means an indemnity certificate granted under the Act. “proper officer” used in relation to a court, means— (a) in the case of the Supreme Court or a District Court—the registrar; (b) in the case of a Magistrates Court—the clerk of the court; (c) in the case of the Industrial Court—the Industrial Registrar. “Secretary” means Secretary to the Board. ˙ Approval of forms 2A. The chief executive may approve a form for a purpose—

s3 4 s5 Appeal Costs Fund Regulation 1974 (a) for which a prescribed form is required or authorised to be used under the Act or this regulation; or (b) in connection with the administration of the Act or this regulation. ˙ Additional fees on documents 3.(1) The additional fee payable to the proper officer of the appropriate court under section 10 of the Act upon a writ, summons, complaint or other document commencing a legal proceeding shall be— (a) upon the issue of a writ, summons or other document whereby a cause or matter is commenced in the Supreme Court—$15.70; (b) upon the issue of a plaint, summons or other document whereby a proceeding is commenced in a District Court—$11.90; (c) upon the issue of a complaint, summons or other document whereby a proceeding is commenced in a Magistrates Court—$2.00. (2) Despite subsection (1)(c), no additional fee is payable if the proceeding is an action for a small debt within the meaning of the Magistrates Courts Act 1921 . ˙ Indemnity certificate 5.(1) An indemnity certificate granted under section 15 of the Act must be in the approved form and must be signed— (a) in the case of an indemnity certificate granted by the Court of Appeal—by the Judge presiding in the said Court; (b) in the case of an indemnity certificate granted by a single Judge of the Supreme Court (whether sitting in court or in chambers)—by that Judge; (c) in the case of an indemnity certificate granted by a Judge of the District Court (whether sitting in court or in chambers)—by that Judge. (2) A certificate granted pursuant to section 22(1)(c) of the Act must be in the approved form and must be signed by the presiding Judge, Magistrate or justice as the case may be.

s6 5 s6 Appeal Costs Fund Regulation 1974 (3) A person to whom an indemnity certificate or a certificate under section 22(1)(c) of the Act is granted shall cause the same to be prepared and shall present the same to the Judge, Magistrate or justice as the case may be for signature, together with a copy thereof which shall be filed by the proper officer of the court with the file relating to the appeal or proceeding in respect of which the certificate was granted. (4) If a respondent to whom an indemnity certificate has been granted fails to comply with the provisions of subsection (3), the appellant may cause the same to be prepared and presented to the Judge for signature, together with a copy thereof, which shall be filed in the manner provided in subsection (3). ˙ Claims for payment out of Fund 6.(1) Any person who claims that he or she is entitled to be paid any moneys out of the Fund may apply in writing to the Board for a certificate of the Board authorising payment of the amount claimed out of the Fund. (1A) Any person who seeks a direction of the Board pursuant to section 16(2) of the Actmay apply in writing to the Board for such direction. (2) An application made under subsection (1) or (1A) must be in the approved form. (3) An application under subsection (1) or (1A) shall be supported by evidence on affidavit of the facts upon which the application is made. (4) The applicant shall lodge the following documents with his or her 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 court by which the said indemnity certificate was granted; (ii) a copy, certified by the proper officer of the court, of the judgment ordering the respondent to pay the appellant’s costs;

s7 6 s7 Appeal Costs Fund Regulation 1974 (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 High Court of Australia, or of the taxing master of the Supreme Court, 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 this regulation—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; (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 paragraph (a)(i) to (iii); (c) in the case of an application by a person to whom a certificate has been granted under section 22(1)(c) of the Act—the said 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 said certificate was granted; (d) in the case of an application by a person under section 22(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 23 of the Act—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. ˙ Time limit for making claims on Fund 7. Every application under section 6 shall be made— (a) in the case of an application made under section 15 of the Act—within 6 months after the date on which the appeal has succeeded in respect of which the indemnity certificate has been granted; (b) in the case of an application made under section 22 or 23 of the Act—within 6 months after the new trial referred to in the said sections.

s 8 7 s 11 Appeal Costs Fund Regulation 1974 ˙ Extension of time limit for making claims on Fund 8. The Board may at any time, whether before or after the expiration of the said periods of 6 months, upon application made to the Board in that behalf extend or further extend the period fixed for the making of applications under section 6 and may impose any conditions it thinks fit upon the applicant in relation to any such extension. ˙ Taxing of costs for claim 9. For the purposes of any application for payment from the Fund the Board may require the applicant to have the costs taxed by the taxing officer of the court concerned or, to enable agreement to be reached between the Board and the applicant as to the amount of the applicant’s costs, by an assessor nominated by the Board with the consent of the applicant. ˙ Additional evidence 10. The Board may require an applicant to produce to the Board such additional evidence in support of the applicant’s application as it may think fit. ˙ Payments out of Fund 11.(1) Upon being satisfied that a payment out of the Fund is authorised by the Act and that the provisions of the Act and this regulation in relation to any claim for payment have been complied with, the Board shall issue a certificate setting out the sum which the person named therein is entitled to be paid and authorising the payment of such sum out of the Fund. (2) Every certificate issued by the Board under subsection (1) shall be signed by the chairperson of the Board or by a member of the Board authorised by the Board to sign such certificate and must be in the approved form. (3) Every direction made by the Board pursuant to section 16(2) of the Act shall be in writing and shall be signed by the chairperson of the Board or by a member of the Board authorised by the Board to sign such direction.

s 12 8 s 13 Appeal Costs Fund Regulation 1974 (4) Every such certificate and direction shall be sent by the Secretary to the person entitled thereto forthwith after it has been issued. (5) The amount prescribed under section 16(3)(b) of the Act is $15 000. ˙ Fees payable to Board members 12.(1) The fee payable to the chairperson of the Board for the chairperson’s attendance at a meeting of the Board shall be— (a) for a meeting of 2 hours or less . . . . . . . . . . . . . . . . . . . . . $59.00 (b) for a meeting which exceeds 2 hours but does not exceed 4 hours . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $89.00 (c) for a meeting which exceeds 4 hours . . . . . . . . . . . . . . . $119.00. (2) The fee payable to each other member of the Board for the member’s attendance at a meeting of the Board shall be— (a) for a meeting of 2 hours or less . . . . . . . . . . . . . . . . . . . . . $41.00 (b) for a meeting which exceeds 2 hours but does not exceed 4 hours . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $59.00 (c) for a meeting which exceeds 4 hours . . . . . . . . . . . . . . . . $79.00. (3) An officer of the public service shall be paid fees only in respect of the officer’s attendance at a meeting of the Committee held outside ordinary working hours. ˙ Payment of fees to Board members 13.(1) The fees and allowances of the members of the Board and the costs of administration of the Board shall be paid out of the Fund upon the certificate of the Board at such intervals and in such manner as the Board determines. (2) Every certificate issued by the Board under subsection (1) shall be signed by the chairperson of the Board or by a member of the Board authorised by the Board to sign such certificate and must be in the approved form.

s 14 9 s 19 Appeal Costs Fund Regulation 1974 ˙ Duties of Secretary 14. The Secretary shall— (a) keep a register of all applications made to the Board for payment from the Fund; and (b) file all applications and documents lodged therewith; and (c) keep minutes of the meetings of the Board; and (d) conduct such correspondence and other business as is directed by the Board. ˙ Board meetings 15. The Board shall meet at such times and places as the Board determines or as are fixed by the chairperson and notified by the Secretary to the other members of the Board. ˙ Production of documents to Board 16.(1) The Board may by notice in writing to the proper officer of the Court require the production or transmission to the Board of any file or papers in the custody of such proper officer and relating to any application then before the Board and the proper officer of the Court concerned shall produce or transmit such file or papers accordingly. (2) Any notice under subsection (1) may be signed by the Secretary or other person authorised by the Board. ˙ Amount payable under indemnity certificate 18. For the purposes of section 18(2) of the Act the prescribed amount shall be $750. ˙ Entitlement on order for new trial on certain grounds 19. For the purposes of section 23(2)(c) of the Act the prescribed amount shall be $15 000.

s 20 10 s 20 Appeal Costs Fund Regulation 1974 ˙ Entitlement on refusal of court to sanction compromise 20. For the purposes of section 24(2)(c) of the Act the prescribed amount shall be $15 000.

11 Appeal Costs Fund Regulation 1974 ENDNOTES ´ 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 ´ 2 Date to which amendments incorporated This is the reprint date mentioned in the ReprintsAct1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 14 January 1999. Future amendments of the Appeal Costs Fund Regulation 1974 may be made in accordance with this reprint under the ReprintsAct1992, section 49. 3 ´ AIA amd amdt ch def div exp gaz hdg ins lap notfd o in c om p para prec pres = = = = = = = = = = = = = = = = = = Key Key to abbreviations in list of legislation and annotations Acts Interpretation Act 1954 amended amendment chapter definition division expires/expired gazette heading inserted lapsed notified order in council omitted page paragraph preceding present prev (prev) proc prov pt pubd R[X] RA reloc renum rep s sch sdiv SIA SL sub unnum = = = = = = = = = = = = = = = = = = previous previously proclamation provision part published Reprint No.[X] Reprints Act 1992 relocated renumbered repealed section schedule subdivision Statutory Instruments Act 1992 subordinate legislation substituted unnumbered

12 Appeal Costs Fund Regulation 1974 ´ 4 Table of earlier reprints TABLE OF EARLIER REPRINTS [If a reprint number includes an arabic letter, the reprint was released in unauthorised, electronic form only.] Reprint No. Amendments included Reprint date 1 to SL No. 387 of 1993 15 December 1994 1A to SL No. 289 of 1996 28 November 1996 1B to SL No. 270 of 1997 12 September 1997 ´ 5 Tables in earlier reprints TABLES IN EARLIER REPRINTS Name of table Changed names and titles Obsolete and redundant provisions Reprint No. 1 1 ´ 6 List of legislation Appeal Costs Fund Regulation 1974 made by the Governor in Council on 6 June 1974 pubd gaz 8 June 1974 pp 793–802 commenced 1 July 1974 (see prev s 1) exp 1 July 1999 (see SIA ss 54, 56(1)(a), 61 and SIR s 4 sch 3) as amended by— regulations published gazette (pre SL Series)— 22 February 1975 p 660 commenced on date of publication 28 June 1975 p 1077 commenced on date of publication 21 August 1976 p 2098 commenced on date of publication 18 November 1978 p 1248 commenced on date of publication 8 March 1980 p 821 commenced on date of publication 17 April 1982 p 1741 commenced on date of publication

13 Appeal Costs Fund Regulation 1974 19 May 1984 p 723 commenced 1 June 1984 30 June 1984 p 1501 commenced on date of publication 9 November 1985 p 1316 commenced 18 November 1985 16 November 1985 p 1425 commenced on date of publication 26 September 1987 p 343 commenced on date of publication 19 December 1987 p 1728 commenced on date of publication Appeal Costs Fund Amendment Regulation (No. 1) 1993 SL No. 387 notfd gaz 22 October 1993 pp 695–7 ss 1–2 commenced on date of notification remaining provisions commenced 1 November 1993 (see s 3) Department of Justice (Variation of Fees) Regulation 1996 SL No. 289 pts 1–2 notfd gaz 25 October 1996 pp 764–7 ss 1–2 commenced on date of notification remaining provisions commenced 1 November 1996 (see s 2) Department of Justice (Variation of Fees) Regulation 1997 SL No. 270 pts 1–2 notfd gaz 29 August 1997 pp 1987–9 ss 1–2 commenced on date of notification remaining provisions commenced 1 September 1997 (see s 2) Justice Legislation (Variation of Fees) Regulation 1998 SL No. 337 pts 1–2 notfd gaz 18 December 1998 pp 1551–7 ss 1–2 commenced on date of notification remaining provisions commenced 1 January 1999 (see s 2) ´ 7 List of annotations Short title s 1 sub 1993 SL No. 387 s 4 Definitions s 2 hdg ins 1993 SL No. 387 s 5 Approval of forms s 2A ins 1993 SL No. 387 s 6

14 Appeal Costs Fund Regulation 1974 Additional fees on documents prov hdg ins 1993 SL No. 387 s 7(1) s 3 amd reg pubd gaz 28 June 1975 p 1077; 19 May 1984 p 723; 9 November 1985 p 1316; 1993 SL No. 387 s 7(2)–(6); 1996 SL No. 289 s 5; 1997 SL No. 270 s 4; 1998 SL No. 337 s 4 s 4 om 1993 SL No. 387 s 8 Indemnity certificate prov hdg ins 1993 SL No. 387 s 9(1) s 5 amd 1993 SL No. 387 s 9(2)–(3) Claims for payment out of Fund prov hdg ins 1993 SL No. 387 s 10(1) s 6 amd 1993 SL No. 387 s 10(2)–(5) Time limit for making claims on Fund s 7 hdg ins 1993 SL No. 387 s 11 Extension of time limit for making claims on Fund s 8 hdg ins 1993 SL No. 387 s 12 Taxing of costs for claim s 9 hdg ins 1993 SL No. 387 s 13 Additional evidence s 10 hdg ins 1993 SL No. 387 s 14 Payments out of Fund prov hdg ins 1993 SL No. 387 s 15(1) s 11 amd 1993 SL No. 387 s 15(2)–(3) Fees payable to Board members prov hdg ins 1993 SL No. 387 s 16 s 12 amd reg pubd gaz 22 February 1975 p 660; 21 August 1976 p 2098; 18 November 1978 p 1248; 8 March 1980 p 821; 17 April 1982 p 1741; 30 June 1984 p 1501; 16 November 1985 p 1425; 26 September 1987 p 343 Payment of fees to Board members prov hdg ins 1993 SL No. 387 s 17(1) s 13 amd 1993 SL No. 387 s 17(2) Duties of Secretary s 14 hdg ins 1993 SL No. 387 s 18 Board meetings s 15 hdg ins 1993 SL No. 387 s 19 Production of documents to Board s 16 hdg ins 1993 SL No. 387 s 20 s 17 ins reg pubd gaz 17 April 1982 p 1741 amd reg pubd gaz 19 December 1987 p 1728 om 1993 SL No. 387 s 21

15 Appeal Costs Fund Regulation 1974 Amount payable under indemnity certificate prov hdg ins 1993 SL No. 387 s 22 s 18 ins reg pubd gaz 17 April 1982 p 1741 amd reg pubd gaz 19 December 1987 p 1728 Entitlement on order for new trial on certain grounds prov hdg ins 1993 SL No. 387 s 23 s 19 ins reg pubd gaz 17 April 1982 p 1741 amd reg pubd gaz 19 December 1987 p 1728 Entitlement on refusal of court to sanction compromise prov hdg ins 1993 SL No. 387 s 24 s 20 ins reg pubd gaz 17 April 1982 p 1741 amd reg pubd gaz 19 December 1987 p 1728 SCHEDULE om 1993 SL No. 387 s 25 © State of Queensland 1999