Appeal Costs Fund Regulation 2010

Queensland Appeal Costs Fund Act 1973 Appeal Costs Fund Regulation 2010 Current as at 29 August 2013

Information about this reprint This reprint shows the legislation current as at the date on the cover and is authorised by the Parliamentary Counsel. A new reprint of the legislation will be prepared by the Office of the Queensland Parliamentary Counsel when any change to the legislation takes effect. This change may be because a provision of the original legislation, or an amendment to it, commences or because a particular provision of the legislation expires or is repealed. When a new reprint is prepared, this reprint will become a historical reprint. Also, if it is necessary to replace this reprint before a new reprint is prepared, for example, to include amendments with a retrospective commencement, an appropriate note would be included on the cover of the replacement reprint and on the copy of this reprint at www.legislation.qld.gov.au. The endnotes to this reprint contain detailed information about the legislation and reprint. For example— • The table of reprints endnote lists any previous reprints and, for this reprint, gives details of any discretionary editorial powers under the Reprints Act 1992 used by the Office of the Queensland Parliamentary Counsel in preparing it. • The list of legislation endnote gives historical information about the original legislation and the legislation which amended it. It also gives details of uncommenced amendments to this legislation. For information about possible amendments to the legislation by Bills introduced in Parliament, see the Queensland Legislation Current Annotations at www.legislation.qld.gov.au/Leg_Info/ information.htm. • The list of annotations endnote gives historical information at section level. All Queensland reprints are dated and authorised by the Parliamentary Counsel. The previous numbering system and distinctions between printed and electronic reprints are not continued.

Queensland Appeal Costs Fund Regulation 2010 Contents Part 1 1 Part 2 3 4 Part 3 5 Part 4 6 7 Part 5 8 9 10 11 12 Part 6 14 15 Part 7 16 17 18 19 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Additional fees on documents Additional fees on documents commencing legal proceedings . . 3 Person may apply for exemption from fee . . . . . . . . . . . . . . . . . . 3 Claims under indemnity certificates How to claim payment out of the fund under an indemnity certificate ....................................... 4 Claims under the Act, section 22 or 23 How to claim payment out of the fund under the Act, s 22 . . . . . . 6 How to claim payment out of the fund under the Act, s 23 . . . . . . 7 Provisions about the board Board may require additional evidence from claimant . . . . . . . . . 7 Certificates of the board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Duties of secretary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Registrars to produce documents to board on request . . . . . . . . 8 Fees payable to board members—Act, s 6(6) . . . . . . . . . . . . . . . 9 Miscellaneous Prescribed limits on amounts payable . . . . . . . . . . . . . . . . . . . . . 9 Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Transitional provisions Definitions for pt 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Transitional provision for application for exemption under s 4 . . . 10 Transitional provision for application for payment out of fund under indemnity certificate under repealed s 5 . . . . . . . . . . . . . . 10 Transitional provision—references to repealed Appeal Costs Fund Regulation 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

Appeal Costs Fund Regulation 2010 Contents 20 Schedule 1 Schedule 2 Transitional provision—approved forms under repealed Appeal Costs Fund Regulation 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . Additional fees on documents . . . . . . . . . . . . . . . . . . . . . . . . . Fees payable to board members . . . . . . . . . . . . . . . . . . . . . . . 11 12 13 Endnotes 1 2 3 4 5 6 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 14 14 15 15 16 Page 2

Appeal Costs Fund Regulation 2010 Part 1 Preliminary [s 1] Appeal Costs Fund Regulation 2010 [as amended by all amendments that commenced on or before 29 August 2013] Part 1 Preliminary 1 Short title This regulation may be cited as the Appeal Costs Fund Regulation 2010 . Part 2 Additional fees on documents 3 Additional fees on documents commencing legal proceedings The additional fees payable under section 10 of the Act are stated in schedule 1. 4 Person may apply for exemption from fee (1) An individual may apply to the proper officer of the Supreme Court or the District Court for an order exempting the individual from payment of a fee stated in schedule 1. (2) The proper officer may, by order, exempt the individual from payment of the fee if the proper officer considers that, having regard to the individual’s financial position, it is clearly in the interests of justice to make the order. (3) The proper officer may decide the application summarily and without extensive investigation. Current as at 29 August 2013 Page 3

Appeal Costs Fund Regulation 2010 Part 3 Claims under indemnity certificates [s 5] (4) In having regard to the individual’s financial position, the proper officer must have regard to the following matters— (a) if the individual receives an income-tested pension under the Social Security Act 1991 (Cwlth), the type and amount of the pension; (b) how much the individual is paying as rent for his or her accommodation; (c) whether a spouse or close relative may be willing to give the individual financial help; (d) any other matter the proper officer considers relevant. (5) The individual, if dissatisfied with the proper officer’s decision on the individual’s application, may apply for a review of the decision to— (a) if the court is the Supreme Court, a Supreme Court judge; or (b) if the court is the District Court, a District Court judge. (6) On an application for a review of the proper officer’s decision, the judge conducting the review may— (a) consider the application with or without a hearing; and (b) consider anything the proper officer considered under subsection (4); and (c) make the order the judge considers appropriate. Part 3 Claims under indemnity certificates 5 How to claim payment out of the fund under an indemnity certificate To claim payment out of the fund under an indemnity certificate issued by a court, a claimant must— Page 4 Current as at 29 August 2013

Appeal Costs Fund Regulation 2010 Part 3 Claims under indemnity certificates [s 5] (a) apply, in the approved form, to the board for a certificate authorising payment out of the fund of the amount claimed; and (b) lodge the following documents with the application— (i) the indemnity certificate; (ii) a copy of any court order relied on; (iii) any order of the registrar stating the amount at which a costs statement has been assessed, for part or all of the costs claimed; (iv) an itemised bill of costs for any other costs claimed; (v) for an indemnity certificate under section 15 of the Act—a copy of a receipt, or other documents, evidencing any payment of costs, by or on behalf of the respondent, relied on; (vi) if payment of an appellant’s costs is claimed under section 16(2) of the Act—sworn evidence of the respondent’s failure to pay the appellant’s costs; (vii) for an indemnity certificate granted to a person under section 20B of the Act—a copy of a receipt, or other documents, evidencing any payment of costs, by or on behalf of the person, relied on; (viii) for an indemnity certificate granted to a convicted person under section 20D of the Act—a copy of a receipt, or other documents, evidencing any payment of costs, by or on behalf of the convicted person, relied on; (ix) sworn evidence of any other facts relied on. Current as at 29 August 2013 Page 5

Appeal Costs Fund Regulation 2010 Part 4 Claims under the Act, section 22 or 23 [s 6] Part 4 Claims under the Act, section 22 or 23 6 How to claim payment out of the fund under the Act, s 22 To claim payment from the fund under section 22 of the Act, a claimant must— (a) apply, in the approved form, to the board for a certificate authorising payment out of the fund of the amount claimed; and (b) lodge the following documents with the application— (i) a copy of any order or transcript evidencing a fact mentioned in section 22(1)(a) of the Act; (ii) a copy of any order, for a new trial, mentioned in section 22(1)(b) of the Act; (iii) if the order does not show it was made on an appeal on a question of law—a copy of any transcript showing that fact; (iv) any certificate granted under section 22(1)(c) of the Act; (v) an itemised bill of costs for all costs relating to the claimant of the original trial and of the new trial that identifies each cost of the original trial thrown away or partly thrown away; (vi) a copy of any order to pay additional costs of a new trial; (vii) a copy of a receipt, or other documents, relied on to show the payment of any additional costs of a new trial; (viii) sworn evidence of any other facts relied on. Page 6 Current as at 29 August 2013

Appeal Costs Fund Regulation 2010 Part 5 Provisions about the board [s 7] 7 How to claim payment out of the fund under the Act, s 23 To claim payment from the fund under section 23 of the Act, a claimant must— (a) apply, in the approved form, to the board for a certificate authorising payment out of the fund of the amount claimed; and (b) lodge the following documents with the application— (i) a copy of the order for a new trial; (ii) if the order does not show the grounds for the order and the claim relates to costs mentioned in section 23(1) of the Act—a copy of any transcript showing the grounds; (iii) a copy of any order, for costs, mentioned in section 23(1)(a) of the Act; (iv) any order of the registrar stating the amount at which a costs statement has been assessed, for part or all of the costs claimed; (v) an itemised bill of costs for all other costs claimed; (vi) a copy of a receipt, or other documents, relied on to show the payment of any costs by or on behalf of the respondent; (vii) sworn evidence of any other facts relied on. Part 5 Provisions about the board 8 Board may require additional evidence from claimant The board may require a person claiming payment out of the fund to give the board any additional evidence it considers reasonably necessary to decide the claim. Current as at 29 August 2013 Page 7

Appeal Costs Fund Regulation 2010 Part 5 Provisions about the board [s 9] 9 Certificates of the board A certificate of the board under section 14 of the Act must— (a) be in the approved form; and (b) state the amount the person named in the certificate is entitled to be paid from the fund; and (c) state whether the payment is to be made to the person or the person’s solicitor; and Note — See section 25 (Payment to solicitor) of the Act. (d) authorise payment of the amount out of the fund; and (e) be signed by the chairperson of the board or by a board member authorised by the board to sign certificates issued under section 14 of the Act. 10 Duties of secretary The duties of the secretary of the board (the secretary ) include— (a) keeping a register of all applications made to the board for payment out of the fund; and (b) keeping minutes of meetings of the board; and (c) ensuring that accounts about claims on the fund are prepared as directed by the board; and (d) conducting correspondence and other business as directed by the board. 11 Registrars to produce documents to board on request (1) For the purposes of the Act, the board may request a court’s registrar to produce, or send, to the board a stated file or document. (2) The request must be signed by the secretary or someone else authorised by the board to make a request under this section. Page 8 Current as at 29 August 2013

Appeal Costs Fund Regulation 2010 Part 6 Miscellaneous [s 12] (3) The registrar must comply with the request (subject to any present need of the court for the file or document first being satisfied). (4) The board must return the file or document to the registrar when the board is finished with it. (5) In this section— registrar includes the clerk of a Magistrates Court. 12 Fees payable to board members—Act, s 6(6) (1) The fees payable to members of the board are in schedule 2. (2) However, a board member who is a public service officer is not entitled to a fee. (3) If a fee payable is for a supply on which GST is payable, the fee is to be increased to take account of the GST. Part 6 Miscellaneous 14 Prescribed limits on amounts payable (1) For section 16(3) of the Act, the prescribed amount is $15000. (2) For section 18(2) of the Act, the prescribed amount is $750. (3) For section 20C(2) of the Act, the prescribed amount is $15000. (4) For section 20E(2) of the Act, the prescribed amount is $15000. (5) For section 23(2)(c) of the Act, the prescribed amount is $15000. (6) For section 24(2)(c) of the Act, the prescribed amount is $15000. Current as at 29 August 2013 Page 9

Appeal Costs Fund Regulation 2010 Part 7 Transitional provisions [s 15] 15 Repeal The Appeal Costs Fund Regulation 1999, SL No. 134 is repealed. Part 7 Transitional provisions 16 Definitions for pt 7 In this part— commencement means the commencement of this section. repealed , of a section, means the section as in force immediately before the commencement. 17 Transitional provision for application for exemption under s4 If, before the commencement— (a) an application has been made for an exemption from payment of a fee under repealed section 4(2); and (b) the proper officer has not decided the application under repealed section 4(3) and (4); the application is taken to have been brought under section 4. 18 Transitional provision for application for payment out of fund under indemnity certificate under repealed s 5 If, before the commencement— (a) an application has been made under repealed part 3 or part 4 to the board for a certificate authorising payment out of the fund of the amount claimed; and (b) part or all of the claimed payment has not been made or refused; Page 10 Current as at 29 August 2013

Appeal Costs Fund Regulation 2010 Part 7 Transitional provisions [s 19] the application is taken to have been brought under part 3 or part 4. 19 Transitional provision—references to repealed Appeal Costs Fund Regulation 1999 In a document, a reference to the repealed Appeal Costs Fund Regulation 1999 may, if the context permits, be taken as a reference to this regulation. 20 Transitional provision—approved forms under repealed Appeal Costs Fund Regulation 1999 (1) This section applies if, immediately before the commencement of section 13, a form was approved for a purpose under the repealed Appeal Costs Fund Regulation 1999. (2) The form is taken to have been approved under section 13 for the equivalent purpose under this regulation. (3) Subsection (2) applies only until another form is approved under section 13 for the purpose or 1 October 2010, whichever happens first. Current as at 29 August 2013 Page 11

Appeal Costs Fund Regulation 2010 Schedule 1 Schedule 1 Additional fees on documents section 3 On the issue of a document commencing— (a) a cause or matter in the Supreme Court. . . . . . . . . . . . . . . (b) a proceeding in the District Court . . . . . . . . . . . . . . . . . . . (c) a proceeding in a Magistrates Court . . . . . . . . . . . . . . . . . $ 23.80 18.10 3.20 Page 12 Current as at 29 August 2013

Schedule 2 Appeal Costs Fund Regulation 2010 Schedule 2 Fees payable to board members section 12 For attending a meeting of the board— (a) meeting of 2 hours or less— • chairperson . . . . . . . . . . . . . . . . . . . . . . . . . . • other board member . . . . . . . . . . . . . . . . . . . (b) meeting of over 2 hours but not over 4 hours— • chairperson . . . . . . . . . . . . . . . . . . . . . . . . . . • other board member . . . . . . . . . . . . . . . . . . . (c) meeting of over 4 hours— • chairperson . . . . . . . . . . . . . . . . . . . . . . . . . . • other board member . . . . . . . . . . . . . . . . . . . $ 61.00 42.40 92.00 61.00 123.00 81.80 Current as at 29 August 2013 Page 13

Appeal Costs Fund Regulation 2010 Endnotes Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992 , section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 29 August 2013. Future amendments of the Appeal Costs Fund Regulation 2010 may be made in accordance with this reprint under the Reprints Act 1992 , section 49. 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd num o in c om orig p para prec pres prev Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = numbered = order in council = omitted = original = page = paragraph = preceding = present = previous Page 14 Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) rv s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No. [X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = revised version = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2012 = subordinate legislation = substituted = unnumbered Current as at 29 August 2013

Appeal Costs Fund Regulation 2010 Endnotes 4 Table of reprints A new reprint of the legislation is prepared by the Office of the Queensland Parliamentary Counsel each time a change to the legislation takes effect. The notes column for this reprint gives details of any discretionary editorial powers under the Reprints Act 1992 used by the Office of the Queensland Parliamentary Counsel in preparing it. Section 5(c) and (d) of the Act are not mentioned as they contain mandatory requirements that all amendments be included and all necessary consequential amendments be incorporated, whether of punctuation, numbering or another kind. Further details of the use of any discretionary editorial power noted in the table can be obtained by contacting the Office of the Queensland Parliamentary Counsel by telephone on 3237 0466 or email legislation.queries@oqpc.qld.gov.au. From 29 January 2013, all Queensland reprints are dated and authorised by the Parliamentary Counsel. The previous numbering system and distinctions between printed and electronic reprints is not continued with the relevant details for historical reprints included in this table. Reprint No. 1 1A 1B 1C 1D Amendments included none 2010 Act No. 42 2011 Act No. 7 2011 SL No. 115 2012 SL No. 102 Effective 27 August 2010 14 October 2010 4 April 2011 1 July 2011 13 July 2012 Notes Current as at 1 July 2013 29 August 2013 Amendments included 2013 SL No. 122 2013 Act No. 35 Notes 5 List of legislation Regulatory impact statements For subordinate legislation that has a regulatory impact statement, specific reference to the statement is included in this list. Explanatory notes All subordinate legislation made on or after 1 January 2011 has an explanatory note. For subordinate legislation made before 1 January 2011 that has an explanatory note, specific reference to the note is included in this list. Appeal Costs Fund Regulation 2010 SL No. 235 made by the Governor in Council on 26 August 2010 notfd gaz 27 August 2010 pp 1520–4 commenced on date of notification exp 1 September 2020 (see SIA s 54) Note—The expiry date may have changed since this reprint was published. See the latest reprint of the SIR for any change. Current as at 29 August 2013 Page 15

Appeal Costs Fund Regulation 2010 Endnotes amending legislation— Justice and Other Legislation Amendment Act 2010 No. 42 s 1, pt 4 date of assent 14 October 2010 commenced on date of assent Criminal Code and Other Legislation Amendment Act 2011 No. 7 s 1, pt 4 date of assent 4 April 2011 commenced on date of assent Justice (Fees) Amendment Regulation (No. 1) 2011 SL No. 115 notfd gaz 1 July 2011 pp 589–96 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2011 (see s 2) Justice Legislation (Fees) Amendment Regulation (No. 1) 2012 SL No. 102 notfd gaz 13 July 2012 pp 820–5 ss 1–2 commenced on date of notification remaining provisions commenced 13 July 2012 (see s 2) Justice Legislation (Fees) Amendment Regulation (No. 1) 2013 SL No. 122 notfd gaz 28 June 2013 pp 739–47 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2013 immediately after the Uniform Civil Procedure and Another Rule Amendment Rule (No. 1) 2013 (see s 2) Justice and Other Legislation Amendment Act 2013 No. 35 s 1, pt 6 date of assent 29 August 2013 commenced on date of assent 6 List of annotations Definition s 2 om 2010 Act No. 42 s 13 Additional fees on documents commencing legal proceedings s 3 amd 2011 SL No. 115 s 3 sch How to claim payment out of the fund under an indemnity certificate s 5 amd 2011 Act No. 7 s 21 Fees payable to board members—Act, s 6(6) s 12 prov hdg amd 2013 Act No. 35 s 21 Approval of forms s 13 om 2010 Act No. 42 s 14 Prescribed limits on amounts payable s 14 amd 2011 Act No. 7 s 22 Page 16 Current as at 29 August 2013

Appeal Costs Fund Regulation 2010 Endnotes SCHEDULE 1—ADDITIONAL FEES ON DOCUMENTS sub 2011 SL No. 115 s 3 sch; 2012 SL No. 102 s 3 sch; 2013 SL No. 122 s 3 sch SCHEDULE 2—FEES PAYABLE TO BOARD MEMBERS sub 2013 SL No. 122 s 3 sch © State of Queensland 2013 Authorised by the Parliamentary Counsel Current as at 29 August 2013 Page 17