Appeal Costs Fund Regulation 1999

Queensland Appeal Costs Fund Act 1973 Appeal Costs Fund Regulation 1999 Reprinted as in force on 1 July 2010 Reprint No. 3C This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy NOT FURTHER AMENDED LAST REPRINT BEFORE REPEAL See 2010 SL No. 235 s 15

Information about this reprint This regulation is reprinted as at 1 July 2010. 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. Also see list of legislation for any uncommenced amendments. This page is specific to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprints. Spelling The spelling of certain words or phrases may be inconsistent in this reprint or with other reprints because of changes made in various editions of the Macquarie Dictionary (for example, in the dictionary, ‘lodgement’ has replaced ‘lodgment’). Variations of spelling will be updated in the next authorised reprint. Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, authorised (that is, hard copy) and unauthorised (that is, electronic), are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If an authorised reprint is dated earlier than an unauthorised version published before 1 July 2002, it means the legislation was not further amended and the reprint date is the commencement of the last amendment. If the date of an authorised reprint is the same as the date shown for an unauthorised version previously published, it merely means that the unauthorised version was published before the authorised version. Also, any revised edition of the previously published unauthorised version will have the same date as that version. Replacement reprint date If the date of a hard copy reprint is the same as the date shown on another hard copy reprint it means that one is the replacement of the other.

Queensland Appeal Costs Fund Regulation 1999 Contents Part 1 1 2 3 Part 2 4 Part 3 5 Part 4 6 7 Part 5 8 9 10 11 12 Part 6 13 14 15 Schedule 1 Schedule 2 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Additional fees on documents Additional fees on documents commencing legal proceedings . . 3 Claims under indemnity certificates How to claim payment out of the fund under an indemnity certificate ....................................... 5 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 . . . . . . . . . . . . . . . . . . . . . . . . . 9 Miscellaneous Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Prescribed limits on amounts payable . . . . . . . . . . . . . . . . . . . . . 9 Transitional provision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Additional fees on documents . . . . . . . . . . . . . . . . . . . . . . . . . 11 Fees payable to board members . . . . . . . . . . . . . . . . . . . . . . . 12 Endnotes 1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

Appeal Costs Fund Regulation 1999 Contents 2 Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 14 14 15 15 17 Page 2

Appeal Costs Fund Regulation 1999 Part 1 Preliminary [s 1] Appeal Costs Fund Regulation 1999 [as amended by all amendments that commenced on or before 1 July 2010] Part 1 Preliminary 1 Short title This regulation may be cited as the Appeal Costs Fund Regulation 1999 . 2 Commencement This regulation commenced on 1 July 1999. 3 Definition In this regulation— approved form means a form approved by the chief executive under section 13. Part 2 Additional fees on documents 4 Additional fees on documents commencing legal proceedings (1) The additional fees payable under section 10 of the Act are in schedule 1. (2) An individual may apply to the proper officer of the Supreme Court or the District Court of Queensland to whom an additional fee is payable under section 10 of the Act by the Reprint 3C effective 1 July 2010 Page 3

Appeal Costs Fund Regulation 1999 Part 2 Additional fees on documents [s 4] individual for an order exempting the individual from payment of the fee on the ground 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, by order, exempt an 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. (4) The proper officer may decide the application summarily and without extensive investigation. (5) 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. (6) 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 of Queensland, a District Court judge. (7) 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 (5); and (c) make the order the judge considers appropriate. Page 4 Reprint 3C effective 1 July 2010

Part 3 Appeal Costs Fund Regulation 1999 Part 3 Claims under indemnity certificates [s 5] 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— (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) sworn evidence of any other facts relied on. Reprint 3C effective 1 July 2010 Page 5

Appeal Costs Fund Regulation 1999 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 Reprint 3C effective 1 July 2010

Appeal Costs Fund Regulation 1999 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. Reprint 3C effective 1 July 2010 Page 7

Appeal Costs Fund Regulation 1999 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 Editor’s 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 Reprint 3C effective 1 July 2010

Appeal Costs Fund Regulation 1999 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 (1) The fees payable to members of the board are in the schedule 2. (2) However, a board member who is a public service officer is not entitled to a fee unless the meeting is held in exceptional circumstances and entirely outside the officer’s normal working hours. (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 13 Approval of forms (1) The chief executive may approve forms for use under the Act. (2) The prescribed form for a purpose of the Act is the form approved by the chief executive for the purpose. 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 23(2)(c) of the Act, the prescribed amount is $15000. Reprint 3C effective 1 July 2010 Page 9

Appeal Costs Fund Regulation 1999 Part 6 Miscellaneous [s 15] (4) For section 24(2)(c) of the Act, the prescribed amount is $15000. 15 Transitional provision If a claim for payment out of the fund was made and has not been dealt with before the commencement of this section, the claim must be dealt with as if this regulation had not been made. Page 10 Reprint 3C effective 1 July 2010

Schedule 1 Appeal Costs Fund Regulation 1999 Schedule 1 Additional fees on documents section 4 On the issue of a document commencing— (a) a cause or matter in the Supreme Court. . . . . . . . . . . . . . . (b) a proceeding in the District Court of Queensland . . . . . . . (c) a proceeding in a Magistrates Court . . . . . . . . . . . . . . . . . $ 21.50 16.50 2.90 Reprint 3C effective 1 July 2010 Page 11

Appeal Costs Fund Regulation 1999 Schedule 2 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 . . . . . . . . . . . . . . . . . . . $ 59.00 41.00 89.00 59.00 119.00 79.00 Page 12 Reprint 3C effective 1 July 2010

Endnotes Appeal Costs Fund Regulation 1999 Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17 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 1 July 2010. Future amendments of the Appeal Costs Fund Regulation 1999 may be made in accordance with this reprint under the Reprints Act 1992, section 49. Reprint 3C effective 1 July 2010 Page 13

Appeal Costs Fund Regulation 1999 Endnotes 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 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 edition = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2002 = subordinate legislation = substituted = unnumbered 4 Table of reprints Reprints are issued for both future and past effective dates. For the most up-to-date table of reprints, see the reprint with the latest effective date. If a reprint number includes a letter of the alphabet, the reprint was released in unauthorised, electronic form only. Reprint No. 1 1A 1B 1C Amendments included none 2000 SL No. 66 2000 SL No. 146 2001 SL No. 111 Effective 1 July 1999 1 May 2000 1 July 2000 30 July 2001 Reprint date 6 August 1999 5 May 2000 25 August 2000 7 September 2001 Reprint No. 1D 1E 1F 1G 2 2A 2B Amendments included 2002 SL No. 223 2003 SL No. 237 2004 SL No. 178 2005 SL No. 326 — 2006 SL No. 60 2006 SL No. 284 Effective 1 September 2002 6 October 2003 20 September 2004 19 December 2005 19 December 2005 7 April 2006 27 November 2006 Notes R1G withdrawn, see R2 Page 14 Reprint 3C effective 1 July 2010

Appeal Costs Fund Regulation 1999 Endnotes Reprint No. 2C 2D 3 3A 3B 3C Amendments included 2007 SL No. 275 2008 SL No. 266 — 2009 SL No. 181 2009 SL No. 265 2010 SL No. 155 Effective 26 November 2007 1 September 2008 1 September 2008 1 September 2009 1 December 2009 1 July 2010 Notes R2D withdrawn, see R3 5 Tables in earlier reprints Name of table Corrected minor errors Reprint No. 2, 3 6 List of legislation Appeal Costs Fund Regulation 1999 SL No. 134 made by the Governor in Council on 24 June 1999 notfd gaz 25 June 1999 pp 932–8 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 1999 (see s 2) exp 31 August 2010 (see SIA s 56A(1)(b) and SIR s 5 sch 3) Note—The expiry date may have changed since this reprint was published. See the latest reprint of the SIR for any change. amending legislation— Justice Legislation (Variation of Fees and Costs) Regulation 2000 SL No. 66 pts 1–2 notfd gaz 20 April 2000 pp 1533–6 ss 1–2 commenced on date of notification remaining provisions commenced 1 May 2000 (see s 2) Justice Legislation Amendment Regulation (No. 1) 2000 SL No. 146 pts 1–2 notfd gaz 30 June 2000 pp 736–48 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2000 (see s 2) Justice Legislation (Variation of Fees and Costs) Regulation 2001 SL No. 111 pts 1–2 notfd gaz 20 July 2001 pp 1138–40 ss 1–2 commenced on date of notification remaining provisions commenced 30 July 2001 (see s 2) Justice Legislation (Variation of Fees and Costs) Regulation (No. 1) 2002 SL No. 223 pts 1–2 notfd gaz 30 August 2002 pp 1557–61 ss 1–2 commenced on date of notification remaining provisions commenced 1 September 2002 (see s 2) Reprint 3C effective 1 July 2010 Page 15

Appeal Costs Fund Regulation 1999 Endnotes Justice Legislation (Variation of Costs and Fees) Regulation (No. 1) 2003 SL No. 237 notfd gaz 3 October 2003 pp 382–5 ss 1–2 commenced on date of notification remaining provisions commenced 6 October 2003 (see s 2) Justice Legislation (Costs and Fees) Amendment Regulation (No. 1) 2004 SL No. 178 notfd gaz 10 September 2004 pp 173–7 ss 1–2 commenced on date of notification remaining provisions commenced 20 September 2004 (see s 2) Justice and Other Legislation (Costs and Fees) Amendment Regulation (No. 1) 2005 SL No. 326 notfd gaz 16 December 2005 pp 1490–6 ss 1–2 commenced on date of notification remaining provisions commenced 19 December 2005 (see s 2) Small Claims Tribunals and Other Legislation Amendment Regulation (No. 1) 2006 SL No. 60 pts 1–2 notfd gaz 7 April 2006 pp 1376–8 commenced on date of notification Justice and Other Legislation (Fees) Amendment Regulation (No. 1) 2006 SL No. 284 notfd gaz 24 November 2006 pp 1476–9 ss 1–2 commenced on date of notification remaining provisions commenced 27 November 2006 (see s 2) Justice and Other Legislation (Fees) Amendment Regulation (No. 1) 2007 SL No. 275 notfd gaz 9 November 2007 pp 1355–7 ss 1–2 commenced on date of notification remaining provisions commenced 26 November 2007 (see s 2) Justice and Other Legislation (Fees) Amendment Regulation (No. 1) 2008 SL No. 266 notfd gaz 22 August 2008 pp 2651–6 ss 1–2 commenced on date of notification remaining provisions commenced 1 September 2008 (see s 2) Justice Legislation (Fees) Amendment Regulation (No. 1) 2009 SL No. 181 notfd gaz 28 August 2009 pp 1491–6 ss 1–2 commence on date of notification remaining provisions commenced 1 September 2009 (see s 2) Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Regulation (No. 1) 2009 SL No. 265 pts 1, 4 notfd gaz 20 November 2009 pp 900–3 ss 1–2 commenced on date of notification remaining provisions commenced 1 December 2009 (see s 2) Justice Legislation (Fees) Amendment Regulation (No. 1) 2010 SL No. 155 notfd gaz 25 June 2010 pp 823–30 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2010 (see s 2) Page 16 Reprint 3C effective 1 July 2010

Appeal Costs Fund Regulation 1999 Endnotes 7 List of annotations Definition s 3 def “minor claim” om 2009 SL No. 265 s 8 def “minor debt claim” om 2009 SL No. 265 s 8 Additional fees on documents commencing legal proceedings s 4 amd 2006 SL No. 284 s 3 sch; 2009 SL No. 265 s 9 Fees payable to board members s 12 amd 2000 SL No. 146 s 4 Prescribed limits on amounts payable s 14 amd 2006 SL No. 60 s 3 Repeal s 16 exp 2 July 1999 (see s 16(2)) SCHEDULE 1—ADDITIONAL FEES ON DOCUMENTS sub 2000 SL No. 66 s 4; 2001 SL No. 111 s 4; 2002 SL No. 223 s 4 amd 2003 SL No. 237 s 3 sch; 2004 SL No. 178 s 3 sch; 2005 SL No. 326 s 3 sch sub 2006 SL No. 284 s 3 sch; 2007 SL No. 275 s 3 sch; 2008 SL No. 266 s 3 sch; 2009 SL No. 181 s 3 sch; 2010 SL No. 155 s 3 sch © State of Queensland 2010 Reprint 3C effective 1 July 2010 Page 17