{"id":"tas:sr-2023-083","name":"Appeal Costs Fund Regulations 2023","slug":"appeal-costs-fund-regulations-2023","collection":"regulation","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"83 of 2023","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":179437,"registerId":"tas-tas:sr-2023-083-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> These regulations may be cited as the [Appeal Costs Fund Regulations 2023](/view/html/inforce/2026-04-12/sr-2023-083) .","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"### 2 Commencement\n\n> These regulations take effect on 11 December 2023.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"### 3 Interpretation\n\n> In these regulations –\n> \n> > ***Act*** means the [Appeal Costs Fund Act 1968](/view/html/inforce/2026-04-12/act-1968-057) .","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Fees and Maximum Amount Payable","content":"# Part 2 Fees and Maximum Amount Payable","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Additional fees payable in Supreme Court","content":"### 4 Additional fees payable in Supreme Court\n\n> For the purposes of [section 5(1)](/view/html/inforce/2026-04-12/act-1968-057#GS5@Gs1@EN) of the Act, the prescribed fee is –\n> \n> > > (a) 30 fee units on the sealing of a writ to be issued out of the Supreme Court; or\n> > \n> > > (b) 5 fee units on the filing of a claim in the Magistrates Court (Civil Division).","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Additional fees payable in summary cases","content":"### 5 Additional fees payable in summary cases\n\n> For the purposes of [section 5(2)](/view/html/inforce/2026-04-12/act-1968-057#GS5@Gs2@EN) of the Act, the prescribed fee is 2 fee units.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Maximum amount payable from Fund","content":"### 6 Maximum amount payable from Fund\n\n> > (1)  In this regulation –\n> > \n> > > ***CPI figure for Hobart*** means the Consumer Price Index (All Groups) Number for Hobart published by the Australian Statistician under the authority of the *Census and Statistics Act 1905* of the Commonwealth;\n> > \n> > > ***percentage change***, in relation to a financial year, means the percentage change between –\n> > > \n> > > > > (a) the average of the CPI figures for Hobart in respect of the 4 quarters ending on 31 December immediately preceding the financial year; and\n> > > > \n> > > > > (b) the average of the CPI figures for Hobart in respect of the 4 quarters ending on 31 December immediately preceding the 4 quarters referred to in [paragraph (a)](#GS6@Gs1@Nd205040@Hpa@EN) ;\n> > \n> > > ***subsequent financial year*** means a financial year after the financial year that ends on 30 June 2024.\n> \n> > (2)  For the purposes of [section 7A](/view/html/inforce/2026-04-12/act-1968-057#GS7A@EN) of the Act, the maximum amount payable to a person in respect of an indemnity certificate, a certificate referred to in [section 15(1)(c)](/view/html/inforce/2026-04-12/act-1968-057#GS15@Gs1@Hpc@EN) of the Act, or some other entitlement conferred by the Act is –\n> > \n> > > > (a) for the financial year ending on 30 June 2024, $18 000; and\n> > > \n> > > > (b) for a subsequent financial year –\n> > > > \n> > > > > > (i) the amount calculated by increasing the maximum amount payable for the immediately preceding financial year by the percentage change for the subsequent financial year; or\n> > > > > \n> > > > > > (ii) if a maximum amount payable calculated under [subparagraph (i)](#GS6@Gs2@Hpb@Hqi@EN) for a financial year is less than the maximum amount payable for the immediately preceding financial year, the maximum amount payable for the immediately preceding financial year.\n> \n> > (3)  A maximum amount payable, as set or calculated by this regulation, is to be published on a website, accessible to the general public, that is maintained by, or on behalf of, the Department while the maximum amount payable is in force.","sortOrder":7},{"sectionNumber":"Part 3","sectionType":"part","heading":"Taxation of Costs","content":"# Part 3 Taxation of Costs","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Allocatur","content":"### 7 Allocatur\n\n> > (1)  After taxing a bill of costs under [section 19A](/view/html/inforce/2026-04-12/act-1968-057#GS19A@EN) of the Act, the taxing officer is to state the result of the taxation as –\n> > \n> > > > (a) an allocatur written on the bill of costs; or\n> > > \n> > > > (b) a certificate.\n> \n> > (2)  The taxing officer is not to sign a final allocatur or certificate until at least 48 hours after the conclusion of the taxation.\n> \n> > (3)  Any interlineation, alteration or erasure in a certificate is to be initialled by the taxing officer.\n> \n> > (4)  A taxing officer may make an interim allocatur or certificate in respect of any part of the bill of costs, pending the conclusion of the taxation.","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Objections to taxation","content":"### 8 Objections to taxation\n\n> > (1)  A person who applies for a review of a taxation under [section 19A(5)](/view/html/inforce/2026-04-12/act-1968-057#GS19A@Gs5@EN) of the Act is to, before the final allocatur or certificate is signed, or at any earlier time as may be fixed by the taxing officer, serve on the taxing officer –\n> > \n> > > > (a) an objection in writing to the taxation specifying, in short and concise form, the items or parts of items objected to; and\n> > > \n> > > > (b) the grounds and reasons for the objection.\n> \n> > (2)  The taxing officer may, pending consideration of an objection, sign an allocatur or certificate in respect of the remainder of the bill of costs or any part of that remainder and, after the taxing officer’s decision on the objection, is to sign any further allocatur or certificate as may be necessary.\n> \n> > (3)  An allocatur or certificate of a taxing officer is final and conclusive as to all matters which are not objected to under [subregulation (1)](#GS8@Gs1@EN) .","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Review of taxation by taxing officer","content":"### 9 Review of taxation by taxing officer\n\n> > (1)  On an application for a review of a taxation under [section 19A(5)](/view/html/inforce/2026-04-12/act-1968-057#GS19A@Gs5@EN) of the Act, a taxing officer is to reconsider and review the taxing officer’s taxation on the objection.\n> \n> > (2)  For the purpose of [subregulation (1)](#GS9@Gs1@EN) , a taxing officer may receive further evidence in respect of the taxation and, if required by the person applying for the review, is to state, either in the taxing officer’s allocatur or certificate or by reference to the objection –\n> > \n> > > > (a) the grounds and reasons for review of the taxing officer’s decision on the objection; and\n> > > \n> > > > (b) any special facts or circumstances relating to the objection.\n> \n> > (3)  Except as provided by this regulation, a taxing officer is not to review the taxing officer’s taxation, or amend the taxing officer’s certificate, after the allocatur or certificate is signed, except to correct a clerical or manifest error before payment.","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Review of taxing officer's decision by judge","content":"### 10 Review of taxing officer's decision by judge\n\n> > (1)  For the purpose of [section 19A(6)](/view/html/inforce/2026-04-12/act-1968-057#GS19A@Gs6@EN) of the Act, an application for a review by a judge of a taxation is to be filed within 14 days from the date of the allocatur or certificate, or within any other period or at any other time as may be allowed by the judge or by the taxing officer at the time when the taxing officer signs the allocatur or certificate.\n> \n> > (2)  Unless the judge otherwise directs, an application under [subregulation (1)](#GS10@Gs1@EN) is to be heard and determined by the judge on the same evidence as was before the taxing officer, and no further evidence is to be received on the hearing of the application without such a direction.","sortOrder":12},{"sectionNumber":"Part 4","sectionType":"part","heading":"Miscellaneous","content":"# Part 4 Miscellaneous","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"Inspection of records","content":"### 11 Inspection of records\n\n> > (1)  In this regulation –\n> > \n> > > ***authorised officer*** means an officer of the Supreme Court authorised in writing by the Registrar for the purpose of this regulation.\n> \n> > (2)  The Registrar or an authorised officer may inspect any records kept by the proper officer of a court in relation to fees payable for transmission to the Registrar under [section 6](/view/html/inforce/2026-04-12/act-1968-057#GS6@EN) of the Act.","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"Applications for payment from Fund","content":"### 12 Applications for payment from Fund\n\n> An application for payment out of the Fund is to be made in writing, specifying the grounds on which the applicant relies.\n\nDisplayed and numbered in accordance with the *[Rules Publication Act 1953](/view/html/inforce/current/act-1953-050)*.\n\nNotified in the *Gazette* on 29 November 2023\n\nThese regulations are administered in the Department of Justice.","sortOrder":15}],"analysis":{"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the available metadata, there is no indication that the scope of these regulations changed from their original intent. They appear to be straightforward subordinate legislation (regulations made under a parent Act) governing the administration of the Appeal Costs Fund in Tasmania. No amendments are visible in the provided text that would suggest scope drift."},"complexity_factors":["Insufficient legislative text was provided to assess substantive complexity — only administrative metadata was included","Appeal costs fund regulations are generally procedural and administrative in nature, which tends toward lower complexity","Tasmanian-only jurisdiction limits scope, reducing cross-jurisdictional complexity","The underlying Appeal Costs Fund Act (parent legislation) may add complexity not visible in these regulations alone"],"plain_english_summary":"These regulations set out how Tasmania’s Appeal Costs Fund operates — a government pool to help people pay legal costs arising from court or tribunal appeals, chiefly to ensure successful appellants aren’t left out of pocket when the other side can’t meet costs. They affect any Tasmanian involved in an appeal who may need financial assistance. The provided document lacked the full text, so consult the official legislation for precise eligibility rules and payment details."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"These regulations implement and detail procedures under the Appeal Costs Fund Act 1968 by prescribing fee amounts (regs 4–5), capping and index‑linking maximum payouts (reg 6), and setting taxation, objection and review mechanics (regs 7–10). They do not, on their face, expand or narrow who is eligible for the Fund under the Act; they operate as procedural and monetary particulars supporting the Act's existing scope."},"complexity_factors":["Indexation formula for the annual maximum payable tied to Hobart CPI and multi‑step percentage change calculation (reg 6).","Multiple fee types and triggers (sealing of writ, filing of claim, summary cases) with different fee‑unit amounts (reg 4–5).","Taxation outputs (allocatur or certificate), mandatory 48‑hour wait before signing, and rules on interim allocaturs (reg 7).","Detailed objection and review process requiring written, concise objections and specified grounds before final allocatur (reg 8).","Limits on evidence at judicial review (judge generally confined to taxing officer's evidence unless directed) and short filing time (14 days) (reg 10).","Registrar and authorised officers’ inspection powers over fee records (reg 11) and public‑site publication requirement for maximum amounts (reg 6(3)).","Cross‑references to multiple provisions of the Appeal Costs Fund Act 1968 increase statutory navigation and reliance on the parent Act for definitions and scope."],"plain_english_summary":"These regulations prescribe the fees that fund the Appeal Costs Fund, set an annual maximum payout (index‑linked to the Hobart CPI), and establish procedures for taxation of costs, objections, judicial review, record inspection and applications for payment. Litigants pay the prescribed fees on filing or sealing (regs 4–5); taxing officers and the Registrar control allocaturs/certificates, timing and inspections (regs 7–11); applicants must apply in writing and meet the objection and filing time limits for reviews (regs 8–10,12)."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulations appear consistent with the original purpose of the Appeal Costs Fund Act 1968. They establish operational details (fees, caps, procedures) that are typical and expected for regulations made under such an Act. There is no evidence of scope creep into unrelated policy areas."},"complexity_factors":["Moderate cross-referencing to the parent Appeal Costs Fund Act 1968 (at least 8 explicit section references)","CPI indexation formula with nested definitions requiring calculation across 4-quarter averages and year-on-year percentage changes","Procedural rules for taxation of costs with multiple stages (interim vs final allocatur, objections, review by taxing officer, then review by judge)","14-day time limit for judicial review applications with exceptions allowed by judges or taxing officers","Dual fee structures across different court tiers (Supreme Court vs Magistrates Court vs summary cases)","Only 3 defined terms in the interpretation section, but one (CPI figure/percentage change) contains complex sub-definitions nested within regulation 6 itself"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set the practical rules for how Tasmania's **Appeal Costs Fund** operates. The Fund is a pool of money that helps people pay legal costs in certain court cases, particularly appeals.\n\n**Key things the regulations cover:**\n\n- **Fees that feed into the Fund:** When you start certain court cases in Tasmania, you pay extra fees on top of normal court fees. These go into the Fund:\n  - **30 fee units** when sealing a writ in the Supreme Court\n  - **5 fee units** when filing a claim in the Magistrates Court (Civil Division)\n  - **2 fee units** in summary (minor criminal) cases\n\n- **How much the Fund will pay out:** The regulations cap how much any one person can receive from the Fund. For 2023-24, the maximum is **$18,000**. This amount automatically increases each year based on Hobart's inflation rate (CPI), but never goes down even if inflation drops.\n\n- **How legal costs are assessed:** When someone claims costs from the Fund, a \"taxing officer\" (a court official who checks that legal bills are fair and reasonable) reviews the bill. The regulations set out:\n  - How the officer records their decision (called an \"allocatur\")\n  - A 48-hour cooling-off period before finalising decisions\n  - How people can object to cost assessments\n  - How objections are reviewed, first by the taxing officer and then potentially by a judge\n\n- **Record-keeping:** Court officials can inspect records to ensure fees are being properly collected and transmitted to the Fund.\n\n- **How to claim:** Applications for money from the Fund must be made in writing, explaining why you're entitled to it.\n\n**Who it affects:**\n\n- Anyone appealing a court decision in Tasmania who might need financial help with legal costs\n- Lawyers and parties involved in Supreme Court and Magistrates Court civil cases\n- Court staff who administer the Fund and assess costs\n\n**Why it matters:**\n\nThe Appeal Costs Fund exists because appeals are expensive, and losing an appeal can mean paying the other side's legal bills. Without this safety net, some people might be discouraged from appealing legitimate errors in lower court decisions. These regulations ensure the Fund operates fairly, transparently, and keeps pace with inflation."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/appeal-costs-fund-regulations-2023","history":"/api/acts/appeal-costs-fund-regulations-2023/history","analysis":"/api/acts/appeal-costs-fund-regulations-2023/analysis","conflicts":"/api/acts/appeal-costs-fund-regulations-2023/conflicts","importantCases":"/api/acts/appeal-costs-fund-regulations-2023/important-cases","documents":"/api/acts/appeal-costs-fund-regulations-2023/documents"}}