Federal Proceedings (Costs) Act 1981
No. 23, 1981
Compilation No. 15
Compilation date: 10 June 2025
Includes amendments: Act No. 118, 2024
About this compilation
This compilation
This is a compilation of the Federal Proceedings (Costs) Act 1981 that shows the text of the law as amended and in force on 10 June 2025 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
1 Short title
2 Commencement
3 Interpretation
4 Costs to be costs as between party and party etc.
5 Extension to external Territories
6 Costs certificates for respondents—Federal appeals
7 Costs certificates for appellants—Federal appeals
7A Costs certificates for appellants where no respondent
8 Costs certificates—new trials
9 Costs certificates—Federal appeals in family law proceedings
10 Costs certificates—incomplete proceedings
10A Costs certificates—Administrative Review Tribunal
11 Costs of appeal include costs of earlier appeals
12 Costs certificates may be granted in Chambers
13 No appeal against refusal of costs certificate
14 Costs certificates not to be granted to certain persons
15 Vacation of costs certificates
16 Payments on costs certificates
17 No payment in respect of costs certificates capable of being vacated
18 Limits of payments in respect of appeals or other proceedings
19 Payments to be made out of annual appropriation
20 Delegation
21 Application
22 Regulations
Schedule—Prescribed maximum amount
Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
An Act relating to costs in federal courts, courts of certain Territories and the Administrative Review Tribunal
1 Short title
This Act may be cited as the Federal Proceedings (Costs) Act 1981.
2 Commencement
This Act shall come into operation on the day on which it…
Overview
The Federal Proceedings (Costs) Act 1981 was enacted to regulate and manage the costs associated with federal court proceedings, including appeals. This legislation was introduced to address the need for a structured and fair system for determining and compensating costs incurred by parties in federal judicial proceedings. The Act was passed by the Australian Parliament and aims to ensure that the costs borne by parties in federal appeals and related proceedings are assessed and reimbursed in a manner that is equitable and just. It provides a framework for the granting of costs certificates and outlines the circumstances under which these certificates may be issued and the conditions for payments.
Scope and Application
The Federal Proceedings (Costs) Act 1981 applies to costs incurred in federal courts, courts of certain territories, and the Administrative Review Tribunal. It pertains to various types of proceedings including Federal appeals, trials, new trials, incomplete proceedings, and reviews by the Administrative Review Tribunal. The Act covers costs incurred by parties in these proceedings and extends to every external territory. The Act does not apply to certain entities such as the Commonwealth, states, territories, authorities of the Commonwealth, states or territories, bodies corporate with a paid-up capital of $200,000 or more, and related bodies corporate. The Act also details the process for granting costs certificates, conditions for vacation of such certificates, limits on payments, and the procedure for making payments out of annual appropriations. It includes provisions for delegation of powers by the Attorney-General and specifies that no appeal lies from a refusal of a court to grant a costs certificate. The Act further outlines circumstances in which certain costs may be paid, including costs of earlier appeals, and sets prescribed maximum amounts for different courts and tribunals.
Key Provisions
- The Federal Proceedings (Costs) Act 1981 outlines provisions for costs associated with various federal court proceedings, including appeals and administrative reviews. Section 6 of the Act permits courts to grant costs certificates to respondents in Federal appeals that succeed on a question of law, allowing for the reimbursement of costs incurred by the respondent. Similarly, Section 7 allows appellants to obtain a costs certificate if the respondent cannot pay the appellant's costs due to lack of means, undue hardship, or unknown whereabouts. Section 7A addresses cases where there is no respondent to the appeal, permitting the appellant to apply for a costs certificate directly. Section 10A deals with costs certificates in relation to reviews by the Administrative Review Tribunal that need to be reheard, allowing parties other than the decision-maker to apply for a costs certificate.
- The Act imposes several obligations on the parties involved. For example, parties must apply for a costs certificate if they wish to be reimbursed for costs incurred in proceedings, as stipulated in Sections 6, 7, 7A, 8, 9, 10, and 10A. Courts have the responsibility to assess the applications and decide whether to grant a costs certificate based on the criteria set out in the Act. The Attorney-General is obligated to authorize payments in accordance with the provisions of the Act once a valid costs certificate is presented, subject to the prescribed limits and conditions.
- The Act also delineates various offences and penalties for breaches. While the Act does not explicitly state criminal penalties, it does outline civil consequences for misuse of costs certificates. For instance, if a costs certificate is granted and subsequently vacated due to an appeal by the respondent, the person who received payment must repay the amount to the Commonwealth, as specified in Section 17. Additionally, the Attorney-General is prohibited from authorizing payments that exceed the prescribed maximum amounts, which are outlined in the Schedule to the Act. Failure to adhere to these limits could result in the refusal to pay excessive amounts, thereby preventing abuse of the costs reimbursement system.
- Area of Law
- Civil Litigation & Procedure
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Commencement Provisions
- Reporting & Disclosure Obligations
- Enforcement Powers
- Delegation
- Payments to be made out of annual appropriation