{"id":"qld:sl-2024-0082","name":"Appeal Costs Fund Regulation 2024","slug":"appeal-costs-fund-regulation-2024","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"82 of 2024","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173695,"registerId":"qld-sl-2024-0082-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis regulation may be cited as the Appeal Costs Fund Regulation 2024 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis regulation commences on 1 July 2024.","sortOrder":2},{"sectionNumber":"pt.2","sectionType":"part","heading":"Claim of payment from fund","content":"# Claim of payment from fund","sortOrder":3},{"sectionNumber":"sec.3","sectionType":"section","heading":"Form and content of application for certificate for payment from fund","content":"### sec.3 Form and content of application for certificate for payment from fund\n\nAn application made under section 14A of the Act must—\nbe in the approved form; and\nbe accompanied by—\nif the application is a claim for a payment authorised by an indemnity certificate—the documents mentioned in section 4 ; or\nif the application is a claim for a payment authorised under section 22 of the Act —the documents mentioned in section 5 ; or\nif the application is a claim for a payment authorised under section 23 of the Act —the documents mentioned in section 6 .\n- (a) be in the approved form; and\n- (b) be accompanied by— (i) if the application is a claim for a payment authorised by an indemnity certificate—the documents mentioned in section 4 ; or (ii) if the application is a claim for a payment authorised under section 22 of the Act —the documents mentioned in section 5 ; or (iii) if the application is a claim for a payment authorised under section 23 of the Act —the documents mentioned in section 6 .\n- (i) if the application is a claim for a payment authorised by an indemnity certificate—the documents mentioned in section 4 ; or\n- (ii) if the application is a claim for a payment authorised under section 22 of the Act —the documents mentioned in section 5 ; or\n- (iii) if the application is a claim for a payment authorised under section 23 of the Act —the documents mentioned in section 6 .\n- (i) if the application is a claim for a payment authorised by an indemnity certificate—the documents mentioned in section 4 ; or\n- (ii) if the application is a claim for a payment authorised under section 22 of the Act —the documents mentioned in section 5 ; or\n- (iii) if the application is a claim for a payment authorised under section 23 of the Act —the documents mentioned in section 6 .","sortOrder":4},{"sectionNumber":"sec.4","sectionType":"section","heading":"Documents to accompany claims for payments authorised by indemnity certificates","content":"### sec.4 Documents to accompany claims for payments authorised by indemnity certificates\n\nFor section 3 (b) (i) , the documents are—\nthe indemnity certificate; and\nany order relating to costs claimed in the application; and\nan itemised bill of costs for any costs, other than costs to which paragraph (b) applies, claimed in the application; and\na copy of any court order, other than an order mentioned in paragraph (b) , the applicant intends to rely on for the application; and\na copy of any document evidencing the payment of costs claimed in the application; and\nan affidavit or statutory declaration stating any other information the applicant intends to rely on for the application.\n- (a) the indemnity certificate; and\n- (b) any order relating to costs claimed in the application; and\n- (c) an itemised bill of costs for any costs, other than costs to which paragraph (b) applies, claimed in the application; and\n- (d) a copy of any court order, other than an order mentioned in paragraph (b) , the applicant intends to rely on for the application; and\n- (e) a copy of any document evidencing the payment of costs claimed in the application; and\n- (f) an affidavit or statutory declaration stating any other information the applicant intends to rely on for the application.","sortOrder":5},{"sectionNumber":"sec.5","sectionType":"section","heading":"Documents to accompany claims for payments authorised by Act , s 22","content":"### sec.5 Documents to accompany claims for payments authorised by Act , s 22\n\nFor section 3 (b) (ii) , the documents are—\na copy of any order, transcript or certificate the applicant intends to rely on to establish the existence of a circumstance mentioned in section 22 (2) of the Act ; and\nan itemised bill of costs, related to a proceeding mentioned in section 22 (2) of the Act (the proceeding ), that—\nstates all of the applicant’s costs relating to the proceeding, including, for example, any new trial ordered; and\nidentifies each cost that was thrown away or partly thrown away; and\na copy of any costs agreement between the applicant and the applicant’s solicitor related to the proceeding; and\na copy of any disclosure of costs stating the cost incurred by the applicant for retaining a barrister for the proceeding; and\na copy of any order to pay additional costs of a new trial; and\na copy of a receipt, or other document, evidencing the payment of the applicant’s costs relating to the proceeding, including, for example, any additional costs of a new trial; and\nan affidavit or statutory declaration stating any other information the applicant intends to rely on for the application.\n- (a) a copy of any order, transcript or certificate the applicant intends to rely on to establish the existence of a circumstance mentioned in section 22 (2) of the Act ; and\n- (b) an itemised bill of costs, related to a proceeding mentioned in section 22 (2) of the Act (the proceeding ), that— (i) states all of the applicant’s costs relating to the proceeding, including, for example, any new trial ordered; and (ii) identifies each cost that was thrown away or partly thrown away; and\n- (i) states all of the applicant’s costs relating to the proceeding, including, for example, any new trial ordered; and\n- (ii) identifies each cost that was thrown away or partly thrown away; and\n- (c) a copy of any costs agreement between the applicant and the applicant’s solicitor related to the proceeding; and\n- (d) a copy of any disclosure of costs stating the cost incurred by the applicant for retaining a barrister for the proceeding; and\n- (e) a copy of any order to pay additional costs of a new trial; and\n- (f) a copy of a receipt, or other document, evidencing the payment of the applicant’s costs relating to the proceeding, including, for example, any additional costs of a new trial; and\n- (g) an affidavit or statutory declaration stating any other information the applicant intends to rely on for the application.\n- (i) states all of the applicant’s costs relating to the proceeding, including, for example, any new trial ordered; and\n- (ii) identifies each cost that was thrown away or partly thrown away; and","sortOrder":6},{"sectionNumber":"sec.6","sectionType":"section","heading":"Documents to accompany claims for payments authorised by Act , s 23","content":"### sec.6 Documents to accompany claims for payments authorised by Act , s 23\n\nFor section 3 (b) (iii) , the documents are—\na copy of the order for a new trial; and\nfor a claim for a payment authorised under section 23(1) of the Act —\nif the order mentioned in paragraph (a) does not state the grounds for the order—a copy of a transcript stating the grounds for the order; and\na copy of any order for costs mentioned in section 23 (1) (a) of the Act ; and\nany order of the proper officer stating the amount at which costs, for all or part of the costs claimed in the application, have been assessed; and\nan itemised bill of costs for any costs, other than costs to which paragraph (c) applies, claimed in the application; and\na copy of any costs agreement between the applicant and the applicant’s solicitor for a proceeding mentioned in section 23 (1) or (3) of the Act (the proceeding ); and\na copy of any disclosure of costs stating the cost incurred by the applicant for retaining a barrister for the proceeding; and\na copy of a receipt, or other document, evidencing the payment of the applicant’s costs relating to the proceeding, including, for example, any additional costs of a new trial; and\nif the payment is authorised under section 23 (2) (a) of the Act —\na copy of any receipt, or other document, evidencing the payment, by or on behalf of the respondent to the motion for the new trial, of the respondent’s costs mentioned in section 23 (1) (a) of the Act ; and\nan affidavit or statutory declaration stating how the respondent to the motion for the new trial has failed to pay the applicant’s costs; and\nan affidavit or statutory declaration stating any other information the applicant intends to rely on for the application.\n- (a) a copy of the order for a new trial; and\n- (b) for a claim for a payment authorised under section 23(1) of the Act — (i) if the order mentioned in paragraph (a) does not state the grounds for the order—a copy of a transcript stating the grounds for the order; and (ii) a copy of any order for costs mentioned in section 23 (1) (a) of the Act ; and\n- (i) if the order mentioned in paragraph (a) does not state the grounds for the order—a copy of a transcript stating the grounds for the order; and\n- (ii) a copy of any order for costs mentioned in section 23 (1) (a) of the Act ; and\n- (c) any order of the proper officer stating the amount at which costs, for all or part of the costs claimed in the application, have been assessed; and\n- (d) an itemised bill of costs for any costs, other than costs to which paragraph (c) applies, claimed in the application; and\n- (e) a copy of any costs agreement between the applicant and the applicant’s solicitor for a proceeding mentioned in section 23 (1) or (3) of the Act (the proceeding ); and\n- (f) a copy of any disclosure of costs stating the cost incurred by the applicant for retaining a barrister for the proceeding; and\n- (g) a copy of a receipt, or other document, evidencing the payment of the applicant’s costs relating to the proceeding, including, for example, any additional costs of a new trial; and\n- (h) if the payment is authorised under section 23 (2) (a) of the Act — (i) a copy of any receipt, or other document, evidencing the payment, by or on behalf of the respondent to the motion for the new trial, of the respondent’s costs mentioned in section 23 (1) (a) of the Act ; and (ii) an affidavit or statutory declaration stating how the respondent to the motion for the new trial has failed to pay the applicant’s costs; and\n- (i) a copy of any receipt, or other document, evidencing the payment, by or on behalf of the respondent to the motion for the new trial, of the respondent’s costs mentioned in section 23 (1) (a) of the Act ; and\n- (ii) an affidavit or statutory declaration stating how the respondent to the motion for the new trial has failed to pay the applicant’s costs; and\n- (i) an affidavit or statutory declaration stating any other information the applicant intends to rely on for the application.\n- (i) if the order mentioned in paragraph (a) does not state the grounds for the order—a copy of a transcript stating the grounds for the order; and\n- (ii) a copy of any order for costs mentioned in section 23 (1) (a) of the Act ; and\n- (i) a copy of any receipt, or other document, evidencing the payment, by or on behalf of the respondent to the motion for the new trial, of the respondent’s costs mentioned in section 23 (1) (a) of the Act ; and\n- (ii) an affidavit or statutory declaration stating how the respondent to the motion for the new trial has failed to pay the applicant’s costs; and","sortOrder":7},{"sectionNumber":"pt.3","sectionType":"part","heading":"Provisions about board","content":"# Provisions about board","sortOrder":8},{"sectionNumber":"sec.7","sectionType":"section","heading":"Board may request further information","content":"### sec.7 Board may request further information\n\nThe board may, by written notice given to the applicant, ask for further information the board reasonably needs to decide an application made under section 14A of the Act .\nThe notice—\nmust state—\nthe information required; and\nthe time, no earlier than 20 days after the day the notice is given, by which the information is required to be given to the board; and\nthe applicant may request the board extend the time mentioned in subparagraph (ii) ; and\nthe board may refuse to grant the application if the applicant does not comply with the notice; and\nmay state a way in which the information must be given.\nIf the notice does not state a way in which the information must be given, the applicant must give the information in writing.\nIf the applicant does not comply with the notice, the board may refuse to grant the application.\nThe board may, on the board’s own initiative or the request of the applicant, extend the period mentioned in subsection (2) (a) (ii) by giving the applicant written notice of the extension.\n(sec.7-ssec.1) The board may, by written notice given to the applicant, ask for further information the board reasonably needs to decide an application made under section 14A of the Act .\n(sec.7-ssec.2) The notice— must state— the information required; and the time, no earlier than 20 days after the day the notice is given, by which the information is required to be given to the board; and the applicant may request the board extend the time mentioned in subparagraph (ii) ; and the board may refuse to grant the application if the applicant does not comply with the notice; and may state a way in which the information must be given.\n(sec.7-ssec.3) If the notice does not state a way in which the information must be given, the applicant must give the information in writing.\n(sec.7-ssec.4) If the applicant does not comply with the notice, the board may refuse to grant the application.\n(sec.7-ssec.5) The board may, on the board’s own initiative or the request of the applicant, extend the period mentioned in subsection (2) (a) (ii) by giving the applicant written notice of the extension.\n- (a) must state— (i) the information required; and (ii) the time, no earlier than 20 days after the day the notice is given, by which the information is required to be given to the board; and (iii) the applicant may request the board extend the time mentioned in subparagraph (ii) ; and (iv) the board may refuse to grant the application if the applicant does not comply with the notice; and\n- (i) the information required; and\n- (ii) the time, no earlier than 20 days after the day the notice is given, by which the information is required to be given to the board; and\n- (iii) the applicant may request the board extend the time mentioned in subparagraph (ii) ; and\n- (iv) the board may refuse to grant the application if the applicant does not comply with the notice; and\n- (b) may state a way in which the information must be given.\n- (i) the information required; and\n- (ii) the time, no earlier than 20 days after the day the notice is given, by which the information is required to be given to the board; and\n- (iii) the applicant may request the board extend the time mentioned in subparagraph (ii) ; and\n- (iv) the board may refuse to grant the application if the applicant does not comply with the notice; and","sortOrder":9},{"sectionNumber":"sec.8","sectionType":"section","heading":"Certificates of board","content":"### sec.8 Certificates of board\n\nA certificate of the board, issued under section 14 of the Act , must—\nbe in the approved form; and\nbe signed by—\nthe chairperson; or\nanother member of the board authorised by the board to sign the certificate; and\nstate—\nthe name of the person to whom the certificate is issued; and\nthe amount the person is entitled to be paid from the fund; and\nwhether the payment is to be made to the person or the person’s solicitor; and\nSee section 25 of the Act .\nthe amount is authorised to be paid out of the fund.\n- (a) be in the approved form; and\n- (b) be signed by— (i) the chairperson; or (ii) another member of the board authorised by the board to sign the certificate; and\n- (i) the chairperson; or\n- (ii) another member of the board authorised by the board to sign the certificate; and\n- (c) state— (i) the name of the person to whom the certificate is issued; and (ii) the amount the person is entitled to be paid from the fund; and (iii) whether the payment is to be made to the person or the person’s solicitor; and Note— See section 25 of the Act . (iv) the amount is authorised to be paid out of the fund.\n- (i) the name of the person to whom the certificate is issued; and\n- (ii) the amount the person is entitled to be paid from the fund; and\n- (iii) whether the payment is to be made to the person or the person’s solicitor; and Note— See section 25 of the Act .\n- (iv) the amount is authorised to be paid out of the fund.\n- (i) the chairperson; or\n- (ii) another member of the board authorised by the board to sign the certificate; and\n- (i) the name of the person to whom the certificate is issued; and\n- (ii) the amount the person is entitled to be paid from the fund; and\n- (iii) whether the payment is to be made to the person or the person’s solicitor; and Note— See section 25 of the Act .\n- (iv) the amount is authorised to be paid out of the fund.","sortOrder":10},{"sectionNumber":"sec.9","sectionType":"section","heading":"Board may request proper officer to give documents","content":"### sec.9 Board may request proper officer to give documents\n\nThe board may, for the purpose of performing a function of the board, ask a proper officer of a court to give the board a file or document.\nThe request must—\nbe in writing; and\nstate the file or document required.\nThe proper officer must comply with the request if doing so is unlikely to interfere with a current or pending proceeding before the court.\n(sec.9-ssec.1) The board may, for the purpose of performing a function of the board, ask a proper officer of a court to give the board a file or document.\n(sec.9-ssec.2) The request must— be in writing; and state the file or document required.\n(sec.9-ssec.3) The proper officer must comply with the request if doing so is unlikely to interfere with a current or pending proceeding before the court.\n- (a) be in writing; and\n- (b) state the file or document required.","sortOrder":11},{"sectionNumber":"pt.4","sectionType":"part","heading":"Fees","content":"# Fees","sortOrder":12},{"sectionNumber":"sec.10","sectionType":"section","heading":"Prescribed fees— Act , s 6 (6)","content":"### sec.10 Prescribed fees— Act , s 6 (6)\n\nFor section 6 (6) of the Act , the fees stated in schedule 1 are prescribed in relation to members of the board who are not public service officers.\nIf a fee is payable for a supply on which GST is payable, the fee is to be increased to take account of the GST.\n(sec.10-ssec.1) For section 6 (6) of the Act , the fees stated in schedule 1 are prescribed in relation to members of the board who are not public service officers.\n(sec.10-ssec.2) If a fee is payable for a supply on which GST is payable, the fee is to be increased to take account of the GST.","sortOrder":13},{"sectionNumber":"sec.11","sectionType":"section","heading":"Rounding of amounts expressed as numbers of fee units","content":"### sec.11 Rounding of amounts expressed as numbers of fee units\n\nThis section applies for working out the amount of a fee expressed in this regulation as a number of fee units.\nFor the purpose of the Acts Interpretation Act 1954 , section 48C (3) , the amount is to be rounded—\nif the result is not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or\nif the result is more than $100 but not more than $1,000—to the nearest multiple of 10 cents (rounding one-half upwards).\nIf a fee were 35 fee units and the value of a fee unit were $1.015, the number of dollars obtained by multiplying 35 by $1.015 would be $35.525. Because $35.525 is halfway between $35.50 and $35.55, it is rounded upwards, so the amount of the fee would be $35.55.\n(sec.11-ssec.1) This section applies for working out the amount of a fee expressed in this regulation as a number of fee units.\n(sec.11-ssec.2) For the purpose of the Acts Interpretation Act 1954 , section 48C (3) , the amount is to be rounded— if the result is not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or if the result is more than $100 but not more than $1,000—to the nearest multiple of 10 cents (rounding one-half upwards). If a fee were 35 fee units and the value of a fee unit were $1.015, the number of dollars obtained by multiplying 35 by $1.015 would be $35.525. Because $35.525 is halfway between $35.50 and $35.55, it is rounded upwards, so the amount of the fee would be $35.55.\n- (a) if the result is not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or\n- (b) if the result is more than $100 but not more than $1,000—to the nearest multiple of 10 cents (rounding one-half upwards).","sortOrder":14},{"sectionNumber":"pt.5","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":15},{"sectionNumber":"sec.12","sectionType":"section","heading":"Prescribed limits on amounts payable","content":"### sec.12 Prescribed limits on amounts payable\n\nFor section 20C (2) of the Act , the prescribed amount is $15,000.\nFor section 20E (2) of the Act , the prescribed amount is $15,000.\nFor section 23 (2) (c) of the Act , the prescribed amount is $15,000.\nFor section 24 (2) (c) of the Act , the prescribed amount is $15,000.\n(sec.12-ssec.1) For section 20C (2) of the Act , the prescribed amount is $15,000.\n(sec.12-ssec.2) For section 20E (2) of the Act , the prescribed amount is $15,000.\n(sec.12-ssec.3) For section 23 (2) (c) of the Act , the prescribed amount is $15,000.\n(sec.12-ssec.4) For section 24 (2) (c) of the Act , the prescribed amount is $15,000.","sortOrder":16},{"sectionNumber":"sec.13","sectionType":"section","heading":"Repeal","content":"### sec.13 Repeal\n\nThe Appeal Costs Fund Regulation 2010 , SL No. 235 is repealed.","sortOrder":17},{"sectionNumber":"pt.6","sectionType":"part","heading":"Transitional provisions","content":"# Transitional provisions","sortOrder":18},{"sectionNumber":"sec.14","sectionType":"section","heading":"Undecided applications","content":"### sec.14 Undecided applications\n\nThis section applies in relation to an application made under section 14A of the Act , but not decided, before the commencement.\nThis regulation applies in relation to the application.\nHowever, the board must not refuse to grant the application merely because the application was not accompanied by a document required under part 2.\n(sec.14-ssec.1) This section applies in relation to an application made under section 14A of the Act , but not decided, before the commencement.\n(sec.14-ssec.2) This regulation applies in relation to the application.\n(sec.14-ssec.3) However, the board must not refuse to grant the application merely because the application was not accompanied by a document required under part 2.","sortOrder":19},{"sectionNumber":"sec.15","sectionType":"section","heading":"Additional documents to accompany particular applications","content":"### sec.15 Additional documents to accompany particular applications\n\nThis section applies in relation to an application, made under section 14A of the Act , that is a claim for a payment authorised, in relation to an appeal, under former section 16 of the Act .\nFor the continued application of former section 16 of the Act , see section 33 of the Act .\nThe application must be accompanied by the following documents—\na copy of any receipt, or other document, evidencing the payment, by or on behalf of the respondent to the appeal, of the respondent’s costs relating to the appeal;\nif the payment is authorised under former section 16 (2) of the Act —an affidavit or statutory declaration stating how the respondent to the appeal has failed to pay the applicant’s costs.\nIn this section—\nformer , for a provision of the Act , means the provision as in force immediately before the commencement of the Justice and Other Legislation Amendment Act 2023 , part 3 , division 1 .\n(sec.15-ssec.1) This section applies in relation to an application, made under section 14A of the Act , that is a claim for a payment authorised, in relation to an appeal, under former section 16 of the Act . For the continued application of former section 16 of the Act , see section 33 of the Act .\n(sec.15-ssec.2) The application must be accompanied by the following documents— a copy of any receipt, or other document, evidencing the payment, by or on behalf of the respondent to the appeal, of the respondent’s costs relating to the appeal; if the payment is authorised under former section 16 (2) of the Act —an affidavit or statutory declaration stating how the respondent to the appeal has failed to pay the applicant’s costs.\n(sec.15-ssec.3) In this section— former , for a provision of the Act , means the provision as in force immediately before the commencement of the Justice and Other Legislation Amendment Act 2023 , part 3 , division 1 .\n- (a) a copy of any receipt, or other document, evidencing the payment, by or on behalf of the respondent to the appeal, of the respondent’s costs relating to the appeal;\n- (b) if the payment is authorised under former section 16 (2) of the Act —an affidavit or statutory declaration stating how the respondent to the appeal has failed to pay the applicant’s costs.","sortOrder":20},{"sectionNumber":"sec.16","sectionType":"section","heading":"References to repealed regulation","content":"### sec.16 References to repealed regulation\n\nIn a document, a reference to the repealed regulation may, if the context permits, be taken as a reference to this regulation.\nIn this section—\nrepealed regulation means the repealed Appeal Costs Fund Regulation 2010 .\n(sec.16-ssec.1) In a document, a reference to the repealed regulation may, if the context permits, be taken as a reference to this regulation.\n(sec.16-ssec.2) In this section— repealed regulation means the repealed Appeal Costs Fund Regulation 2010 .","sortOrder":21}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulation is procedural and prescriptive: it lays out application form/content, supporting documents, board procedures, certificate format, access to court files, fees/rounding and $15,000 limits, and repeals the 2010 regulation. It does not on its face alter the substantive scope of the underlying Act; it replaces earlier procedural rules but whether any material change to entitlement scope occurred cannot be determined from this instrument alone."},"complexity_factors":["Multiple conditional document lists tied to different Act provisions (s.3 with detailed schedules in ss.4–6) increasing checklist complexity","Board discretion to request further information and to extend timeframes (s.7) creates procedural variability","Cross‑references to several provisions of the primary Act and to a repealed regulation require checking external instruments (s.8 note; s.15; s.16)","Operational rules for certificates and document‑access obligations that involve third parties (chair/member signatures; proper officer duties) (ss.8–9)","Numeric and GST treatment rules plus specific rounding methodology for fee‑unit conversions (ss.10–11) add arithmetic steps for fee calculation","Prescribed monetary caps applied to multiple Act sections (s.12) and transitional treatment for undecided/former claims (ss.14–15) impose temporal and legacy constraints"],"plain_english_summary":"This regulation sets the practical rules for claiming payments from the Appeal Costs Fund: the approved application form, the specific supporting documents required for different kinds of claims, the board’s powers to request further information and issue certificates, access to court files, prescribed fees and rounding rules, and $15,000 caps on certain payments. It affects applicants (who must supply documents and may be refused for non‑compliance), board members (who decide claims and may seek more information) and court proper officers (who must supply files unless it would interfere with proceedings)."},"summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The regulation is a straightforward replacement of the 2010 regulation with updated procedural requirements. It does not materially expand or contract the scope of the Appeal Costs Fund itself — that is governed by the parent Act. The core purpose remains identical: specifying administrative processes for claiming fund payments. The $15,000 caps and document requirements represent updated detail rather than a shift in scope."},"complexity_factors":["Heavily cross-references the parent Act (Appeal Costs Fund Act) without reproducing its content, making the regulation difficult to understand in isolation","Three distinct claim types each requiring different document sets, creating branching compliance pathways","Transitional provisions require understanding both the old 2010 regulation and amendments made by the Justice and Other Legislation Amendment Act 2023","Use of technical legal concepts like 'indemnity certificate', 'costs thrown away', 'proper officer', 'affidavit or statutory declaration', and 'fee units'","Fee rounding rules reference the Acts Interpretation Act 1954, adding another layer of external legislation","Multiple cross-references to specific subsections of the parent Act (ss 14A, 16, 20C, 20E, 22, 23, 24, 25, 33) requiring familiarity with that Act to fully understand","The 'former section 16' transitional pathway requires understanding pre-amendment law"],"plain_english_summary":"This regulation details how Queensland’s Appeal Costs Fund operates in practice: who can claim, what paperwork is required, how the board assesses and pays claims, and transitional rules for older applications. It affects people recovering legal costs after appeals or retrials and matters because it fixes payment procedures, sets a $15,000 cap for certain payouts, and replaces the 2010 regulation so claimants know current filing and payment rules."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This is a straightforward remake of the 2010 regulation with updated procedural requirements. The scope remains limited to administrative procedures for the Appeal Costs Fund, consistent with the original intent. The transitional provisions and updated document requirements reflect legislative amendments to the parent Act rather than scope creep."},"complexity_factors":["Heavy cross-referencing to the parent Act (Appeal Costs Fund Act 1973) with 15+ references to specific sections (14A, 22, 23, 20C, 20E, 24, 25, 33, 6(6))","Three distinct claim pathways with different document requirements (Sections 4, 5, and 6), creating conditional logic","Nested subparagraphs in document lists—Section 6 has items (b)(i), (b)(ii), (h)(i), (h)(ii) with multiple conditions","Transitional provisions dealing with three temporal states: pre-commencement applications, former section 16 claims, and new claims","Defined term 'former' in Section 15 that references a specific amendment Act (Justice and Other Legislation Amendment Act 2023) and its part/division structure","Fee unit rounding calculations requiring reference to the Acts Interpretation Act 1954","Multiple document types required: affidavits, statutory declarations, transcripts, costs agreements, disclosure statements, assessment orders, receipts"],"plain_english_summary":"This regulation sets out the paperwork and procedures for claiming money from Queensland's Appeal Costs Fund—a government pool of money that helps cover legal costs in certain court appeals.\n\n**Who it affects:**\n- People who have won appeals in Queensland courts and need to claim their legal costs from the fund\n- The Board that administers the fund\n- Court officers who may need to provide files to the Board\n\n**What it does:**\n\n**1. Tells people what documents to submit (Sections 3–6)**\nThe regulation lists exactly what paperwork must accompany different types of claims:\n- **Indemnity certificate claims** (Section 4): Need the certificate itself, court orders, itemised bills, proof of payment, and sworn statements\n- **Section 22 claims** (Section 5): For when a trial is abandoned or a conviction quashed—needs transcripts, bills showing \"thrown away\" costs, solicitor agreements, and barrister fee disclosures\n- **Section 23 claims** (Section 6): For new trials ordered due to misdirection—needs the new trial order, cost assessments, and proof the other party hasn't paid your costs\n\n**2. Gives the Board powers to manage claims (Sections 7–9)**\n- Can ask applicants for more information, giving at least 20 days to respond (Section 7)\n- Can refuse applications if people don't comply\n- Can request court files from court officers (Section 9)\n- Sets out what payment certificates must look like (Section 8)\n\n**3. Sets fees and limits (Sections 10–12)**\n- Prescribes fees for Board members who aren't public servants (Section 10)\n- Explains how to round fee calculations (Section 11)\n- Caps certain payments at **$15,000** (Section 12)\n\n**4. Handles the switch-over from old rules (Sections 14–16)**\n- Applications already in progress when this started use the new rules, but won't be rejected just for missing new paperwork requirements (Section 14)\n- Special document rules for old-style claims under the previous law (Section 15)\n- Allows old references to the 2010 regulation to mean this new one (Section 16)\n\n**Why it matters:**\nThis is practical, procedural law. It doesn't change who can claim or how much they get—that's in the main Act. Instead, it tells people exactly what forms and evidence they need to prove their claim, so the Board can process applications efficiently and consistently. For lawyers and self-represented litigants, getting the paperwork right means getting paid; getting it wrong means delays or rejection."}},"importantCases":[],"_links":{"self":"/api/acts/appeal-costs-fund-regulation-2024","history":"/api/acts/appeal-costs-fund-regulation-2024/history","analysis":"/api/acts/appeal-costs-fund-regulation-2024/analysis","conflicts":"/api/acts/appeal-costs-fund-regulation-2024/conflicts","importantCases":"/api/acts/appeal-costs-fund-regulation-2024/important-cases","documents":"/api/acts/appeal-costs-fund-regulation-2024/documents"}}