Appeal Costs (Amendment) Regulations 1996

i Appeal Costs (Amendment) Regulations 1996 S.R. No. 132/1996 TABLE OF PROVISIONS Regulation Page 1. Objectives 1 2. Authorising provisions 1 3. Principal Regulations 1 4. Amendment of regulation 7 2 5. Amendment of regulation 8 2 6. Amendment of regulation 9 3 7. Amendment of regulation 15 3 8. Amendment of regulation 16 4 9. Amendment to Form 1 4 10. New Form 1A inserted 4 ═══════════════ NOTES 8 -- 1 of 9 -- 1 STATUTORY RULES 1996 S.R. No. 132/1996 Appeal Costs Act 1964 Appeal Costs (Amendment) Regulations 1996 The Governor in Council makes the following Regulations: Dated: 26 November 1996 Responsible Minister: JAN WADE Attorney-General A. WILTSHIRE Acting Clerk of the Executive Council 1. Objectives The objectives of these Regulations are to revise the manner of making applications under sections 13 and 18 of the Appeal Costs Act 1964 and to make consequential and other miscellaneous amendments to the Principal Regulations. 2. Authorising provision These Regulations are made under section 20 of the Appeal Costs Act 1964. 3. Principal Regulations In these Regulations, the Appeal Costs Regulations 1988 1 are called the Principal Regulations. -- 2 of 9 -- S.R. No. 132/1996 Appeal Costs (Amendment) Regulations 1996 2 4. Amendment of regulation 7 In regulation 7 of the Principal Regulations— (a) in sub-regulation (1)(a) for "Full Court, by the presiding Judge" substitute "Court of Appeal, by the presiding senior Judge of Appeal"; (b) in sub-regulation (2) for "Prothonotary, Registrar or other proper officer" substitute "Registrar or Prothonotary". 5. Amendment of regulation 8 In regulation 8 of the Principal Regulations— (a) in sub-regulation (1)— (i) after "Act" insert ", other than a certificate granted in a criminal proceeding in the Magistrates' Court,"; and (ii) for "Judge" substitute "senior Judge of Appeal, Judge"; (b) after sub-regulation (1) insert— "(1A) A certificate granted under section 18(1)(c) or 18(1)(d) of the Act in a criminal proceeding in the Magistrates' Court must be in Form 1A with Part 1 completed and signed by the presiding Magistrate."; (c) in sub-regulation (2)— (i) for "such a certificate" substitute "a certificate is granted, other than a certificate referred to in sub-regulation (1A);"; and r. 4 -- 3 of 9 -- S.R. No. 132/1996 Appeal Costs (Amendment) Regulations 1996 3 (ii) for "Prothonotary, Registrar or other proper officer" substitute "Registrar or Prothonotary". 6. Amendment of regulation 9 In regulation 9 of the Principal Regulations— (a) in sub-regulation (1) after "proceedings" insert ", other than an application by a party to criminal proceedings in the Magistrates' Court,"; (b) in sub-regulation (2)— (i) for "An application" substitute "The application"; (ii) for "proper officer" (where twice occurring) substitute "Registrar or Prothonotary of the Court that granted the certificate"; (iii) omit "or allocatur" (where twice occurring); (c) after sub-regulation (2) insert— "(3) An application to the Board by an accused in criminal proceedings in the Magistrates' Court for a certificate for the payment of money under section 18(1)(c) or 18(1)(d) of the Act must be in Form 1A with Part 1 completed and signed by the presiding Magistrate and Part 2 completed by or on behalf of the accused and signed by the applicant." 7. Amendment of regulation 15 In regulation 15 of the Principal Regulations— r. 6 -- 4 of 9 -- S.R. No. 132/1996 Appeal Costs (Amendment) Regulations 1996 4 (a) after "officer" insert "or employee"; (b) for "Public Service Act 1974" substitute "Public Sector Management Act 1992". 8. Amendment of regulation 16 In regulation 16 of the Principal Regulations for "Prothonotary, Registrar or other proper officer" substitute "Registrar or Prothonotary". 9. Amendment to Form 1 In Form 1 to the Principal Regulations— (a) for— "CERTIFICATE" substitute— "CERTIFICATE (for all jurisdictions other than criminal proceedings in the Magistrates' Court)"; (b) after "JUDGE/MAGISTRATE" insert "[state name of presiding *senior Judge of Appeal/*Judge/*Magistrate]"; (c) omit "Date: [e.g. 16 July 19 ]"; (d) for "[To be signed by presiding Judge or Magistrate] substitute "[To be signed by the presiding *senior Judge of Appeal/ *Judge/*Magistrate]"; (e) for "the presiding judge or magistrate" substitute "the presiding senior Judge of Appeal, Judge or Magistrate". 10. New Form 1A inserted After Form 1 of the Principal Regulations insert— r. 8 -- 5 of 9 -- S.R. No. 132/1996 Appeal Costs (Amendment) Regulations 1996 5 "Form 1A Regs. 8(1A) and 9(3) INDEMNITY CERTIFICATE AND APPLICATION TO THE APPEAL COSTS BOARD (for criminal proceedings in the Magistrates' Court) PART 1 Certification by presiding Magistrate— (section 18(1)(c) and 18(1)(d) of the Appeal Costs Act 1964) Case number— Date of hearing— In the MAGISTRATES' COURT AT [name of court] In the matter of criminal proceedings where the informant is— [name of informant] Informant and the defendant is [name of defendant] Defendant THE COURT CERTIFIES THAT— *(a) the proceeding was*adjourned by or on behalf of the prosecution/*discontinued and a new trial ordered; *(b) it is satisfied the accused has necessarily incurred expense by reason of the *adjournment/*discontinuance; *(c) the reasons for the*adjournment/*discontinuance were— [set out reasons for the adjournment/discontinuance]; *(d) the reason for the *adjournment/*discontinuance was not attributable in any way to the act, neglect or default of the accused or *his/*her legal practitioners. MAGISTRATE— [to be signed] [Name of Magistrate] r. 10 -- 6 of 9 -- S.R. No. 132/1996 Appeal Costs (Amendment) Regulations 1996 6 PART 2 Application to Board by accused 1. Name and address of accused NAME— GIVEN NAMES— ADDRESS— Postcode 2. Particulars of Accused's solicitor (if applicable) NAME OF SOLICITOR OR SOLICITOR'S FIRM— Solicitor ID No. (if known)— ADDRESS— Postcode Telephone number— File reference— 3. Case History What is the date of the next scheduled hearing— 4. Claim for costs Who represented you— Name of *Barrister/*Solicitor— What was the fee for his/her appearance— $ Were any of the following items incurred that relate only to the *adjournment/*discontinuance of these proceedings— * Instructing solicitor $ * Subpoena expenses $ *Witness fees and expenses $ *Other costs $ Note: Attach copies of barrister's backsheet, solicitor's bill of costs and any other relevant documents in support of the application r. 10 -- 7 of 9 -- S.R. No. 132/1996 Appeal Costs (Amendment) Regulations 1996 7 5. Legal Aid Funding Was assistance granted by Victoria Legal Aid? If yes, what is the VLA reference number? 6. Declaration I declare the above information to be true and correct in every particular (Signature of Applicant)— (Date)— *Delete if inapplicable.". ═══════════════ r. 10 -- 8 of 9 -- S.R. No. 132/1996 Appeal Costs (Amendment) Regulations 1996 8 NOTES 1 S.R. No. 237/1988. Notes -- 9 of 9 --