An Act to make further and better provision in respect of the liability for costs of certain litigation; to establish a Suitors’ Fund to meet such liability; and for purposes connected therewith.
This Act may be cited as the Suitors’ Fund Act 1951.
This Act shall commence upon a day to be appointed by the Governor and notified by proclamation published in the Gazette.
In this Act, unless the context or subject matter otherwise indicates or requires:
(a) the costs of the application for the indemnity certificate but, except as provided by paragraph (b) of this definition, does not include costs incurred in a court of first instance,
(b) where a new trial is ordered upon the appeal, the costs of the first trial.
(a) the Director-General of the Attorney General’s Department, or
(b) any person employed within that Department who is authorised in writing by the Director-General to exercise the powers and perform the functions of the Director-General under this Act.
This Act applies to and in respect of:
(a) a court,
(b) an appeal to or from a court,
(c) proceedings or actions before a court, and
(d) a decision of a court,
exercising State or federal jurisdiction.
There is to be established in the Attorney General’s Department Account a “Suitors’ Fund” into which shall be paid the moneys referred to in section 5 and from which shall be paid the amounts referred to in sections 6 (2), 6A, 6B and 6C.
In addition to the money payable out of the Fund under this Act the following amounts shall be a charge against and shall be paid out of the Fund:
(a) all costs of management of the Fund as certified by the Auditor-General,
(b) any amount considered by the Director-General to be surplus to the Fund’s requirements,
(c) fees payable to consultants retained by the…