Appeal Costs Fund Regulations 2003 (TAS)

Appeal Costs Fund Regulations 2003

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Appeal Costs Fund Act 1968 .15 December 2003

Richard Butler

Governor

By His Excellency’s Command,

Judy Jackson

Minister for Justice and Industrial Relations

PART 1Preliminary1Short titleThese regulations may be cited as the Appeal Costs Fund Regulations 2003 . 2CommencementThese regulations take effect on 1 January 2004. 3InterpretationIn these regulations, Act means the Appeal Costs Fund Act 1968 . PART 2Fees and maximum amount payable4Additional fees payable in Supreme CourtFor the purpose of section 5(1) of the Act, the prescribed fee is – (a) 30 fee units on the sealing of a writ of summons to be issued out of the Supreme Court; or (b) 5 fee units on the filing of a plaint in the Magistrates Court (Civil Division). 5Additional fees payable in summary casesFor the purpose of section 5(2) of the Act, the prescribed fee is 2 fee units. 6Maximum amount payable from FundFor the purpose of section 7A of the Act, the maximum amount payable is $11 500. PART 3Taxation of Costs7Allocatur (1) After taxing a bill of costs under section 19A of the Act, the taxing officer is to state the result of the taxation as – (a) an allocatur written on the bill of costs, or (b) a certificate. (2) The taxing officer is not to sign a final allocatur or certificate until at least 48 hours after the conclusion of the taxation. (3) Any interlineation, alteration or erasure in a certificate is to be initialled by the taxing officer. (4) A taxing officer may make an interim allocatur or certificate in respect of any part of the bill of costs, pending the conclusion of the taxation. 8Objections to taxation (1) A person who applies for a review of a taxation under section 19A(5) of the Act is to, before the final allocatur or certificate is signed, or at any earlier time as may be fixed by the taxing officer, serve on the taxing officer – (a) an objection in writing to the taxation specifying, in short and concise form, the items or parts of items objected to; and (b) the grounds and reasons for the objections. (2) The taxing officer may, pending consideration of an objection, sign an allocatur or certificate in respect of the remainder of the bill of costs or any part of that remainder, and after his or her decision on the objection shall sign any further allocatur or certificate as may be necessary. (3) An allocatur or certificate of a taxing officer is final and conclusive as to all matters which are not objected to under subregulation (1). 9Review of taxation by taxing officer (1) On an application for a review of a taxation under section 19A(5) of the Act, a taxing officer is to reconsider and review his or her taxation on the objections. (2) For the purpose of subregulation (1), a taxing officer may receive further evidence in respect of the taxation and, if required by the person applying for the review, is to state either in his or her allocatur or certificate, or by reference to the objection, the grounds and reasons for his or her decision on the objection, and any special facts or circumstances relating to the objection. (3) Except as provided by this regulation, a taxing officer is not to review his or her taxation or amend his or her certificate after the allocatur or certificate is signed, except to correct a clerical or manifest error before payment. 10Review of taxing officer's decision by judge (1) For the purpose of section 19A(6) of the Act, an application for a review by a judge of a taxation is to be made within 14 days from the date of the allocatur or certificate, or within any other period or at any other time as may be allowed by the judge or by the taxing officer at the time when he or she signs the allocatur or certificate. (2) Unless the judge otherwise directs, an application under subregulation (1) is not to be heard and determined by the judge on the same evidence as was before the taxing officer, and no further evidence is to be received on the hearing of the application without such a direction. PART 4Miscellaneous11Inspection of records (1) In this regulation, "authorised officer" means an officer of the Supreme Court authorised in writing by the Registrar for the purpose of this regulation. (2) The Registrar or an authorised officer may inspect any records kept by the proper officer of a court in relation to fees payable for transmission to the Registrar under section 6 of the Act. 12Applications for payment from FundAn application for payment out of the Fund is to be made in writing specifying the grounds on which the applicant relies.

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 24 December 2003

These regulations are administered in the Department of Justice and Industrial Relations.

EXPLANATORY NOTE

(This note is not part of the regulation) These regulations –

(a) replace the Appeal Costs Fund Regulations 1987 ; and (b) make provision in relation to – (i) certain fees payable in the Supreme Court and the Magistrates Court (Civil Division); and (ii) the maximum amount payable from the Appeal Costs Fund; and (iii) the taxation of costs; and (iv) the inspection of certain records kept by the proper officer of a court; and (v) applications for payment out of the Appeal Costs Fund.

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