{"id":"suitors-fund-regulations-1965","name":"Suitors' Fund Regulations 1965","slug":"suitors-fund-regulations-1965","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":182097,"registerId":"wa-suitors-fund-regulations-1965-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Suitors' Fund Regulations 1965","content":"![Crest]()Western Australia\n\nSuitors’ Fund Act 1964\n\nSuitors’ Fund Regulations 1965\n\nWestern Australia\n\nSuitors’ Fund Regulations 1965\n\nContents\n\n1. Citation 1\n\n2. Interpretation 1\n\n3. Indemnity certificate 1\n\n4. Applications to the Board 2\n\n5. Time within which application is to be made 5\n\n6. Board may extend time 5\n\n7. Board may require costs to be taxed 6\n\n8. Taxation of costs 6\n\n9. Board may require additional information 7\n\n10. Certificates and directions of the Board 7\n\n11. Secretary 8\n\n12. Board meetings 8\n\n13. Board may require production of court documents 8\n\n14. Prescribed amount s. 11(3)(b) 8\n\n15. Amount of levy prescribed (Act s. 5(1)) 9\n\nSchedule\n\nNotes\n\nCompilation table 21\n\nDefined terms\n\n  \n\nSuitors’ Fund Act 1964\n\nSuitors’ Fund Regulations 1965\n\n##### 1. Citation\n\nThese regulations may be cited as the *Suitors’ Fund Regulations 1965*.\n\n##### 2. Interpretation\n\nIn these regulations unless the contrary intention appears —\n\n  applicant means a person making an application for a certificate of the Board authorising payment of an amount out of the Fund or for a direction of the Board;\n\n  costs certificate means a costs certificate granted under section 12A of the Act;\n\n  indemnity certificate means an indemnity certificate granted under section 10 of the Act;\n\n  Secretary means the Secretary to the Board;\n\nthe Act means the *Suitors’ Fund Act 1964*.\n\n[Regulation 2 amended: Gazette 18 Feb 1972 p. 364.]\n\n##### 3. Indemnity certificate\n\n(1) An indemnity certificate shall be in the form of Form 1 in the schedule and shall be signed by the judge before whom the application for the certificate was made.\n\n(1a) A costs certificate shall be in the form of Form 1a or 1b, as the case requires, in the schedule and shall be signed by a Judge of the Supreme Court.\n\n(2) A certificate granted pursuant to section 14(1)(c) or (d) of the Act shall be in the form of Form 2 or 2a, as the case requires, in the schedule to these regulations and shall be signed by the presiding judge, magistrate or justice, as the case may be.\n\n(3) A person to whom an indemnity certificate or a certificate under section 14(1)(c) of the Act is granted shall cause the indemnity certificate or certificate to be prepared and shall present it to the judge, or as the case may be, the presiding judge, magistrate or justice, for signature, together with a copy thereof which shall be filed by the proper officer of the Court with the file relating to the appeal or proceeding in respect of which the indemnity certificate or certificate was granted.\n\n(3a) A person to whom a costs certificate is granted shall cause the certificate to be prepared and shall present it to a Judge of the Supreme Court for signature together with a copy thereof which shall be filed by the proper officer of the Court with the file relating to the appeal in respect of which the costs certificate was granted.\n\n(4) Where a respondent to whom an indemnity certificate has been granted fails to comply with the provisions of subregulation (3), the appellant may cause the indemnity certificate to be prepared and presented to the judge for signature, together with a copy thereof which shall be filed in the manner prescribed in that subregulation.\n\n[Regulation 3 amended: Gazette 18 Feb 1972 p. 364.]\n\n##### 4. Applications to the Board\n\n(1) Subject to subregulation (2), a person who claims to be entitled to be paid any moneys out of the Fund may apply in writing to the Board in the form whichever of Forms 3 or 4 in the schedule is appropriate for a certificate of the Board authorising payment of the amount claimed out of the Fund.\n\n(2) A person who seeks a direction of the Board pursuant to section 11(2) of the Act may apply in writing to the Board in the form of Form 5 in the schedule to these regulations for such a direction.\n\n(3) A respondent may make an application under subregulations (1) and (2) in a form which combines Forms 3 and 5 in the schedule.\n\n(4) An application under subregulation (1) or (2) shall contain a statement of the facts upon which the application is made and be signed by the applicant.\n\n(5) An applicant shall lodge with his application —\n\n(a) in the case of an application by a respondent to whom an indemnity certificate has been granted —\n\n(i) the indemnity certificate, or where the indemnity certificate is not available, a copy thereof certified to be a true copy by the proper officer of the Supreme Court;\n\n(ii) a copy, certified by the proper officer of the Court, of the judgment ordering the respondent to pay the appellant’s costs;\n\n(iii) where the appellant’s costs have been ordered to be taxed — the certificate or allocatur, or, where the certificate or allocatur is not available, a certified copy thereof, of the Registrar of the Privy Council or other proper officer of the Privy Council, or of the Registrar of the High Court of Australia, or of the Taxing Master of the Supreme Court, as the case may be, certifying the amount at which the appellant’s costs have been taxed and allowed;\n\n(iv) where the respondent’s costs have been taxed as provided in these regulations — the certificate of the officer by whom such costs have been taxed certifying the amount at which the respondent’s costs have been taxed and allowed;\n\n(v) the receipt of the appellant or his solicitors for payment by the respondent of the amount of the appellant’s costs ordered to be paid by the respondent, or other evidence of such payment satisfactory to the Board;\n\n(b) in the case of an application by an appellant in an appeal in which an indemnity certificate has been granted to a respondent — the documents referred to in subparagraphs (i), (ii) and (iii) of paragraph (a);\n\n(ba) in the case of an application by an appellant in an appeal in which a costs certificate has been granted —\n\n(i) the costs certificate or where the certificate is not available a copy thereof certified to be a true copy by the proper officer of the Supreme Court; and\n\n(ii) where the applicant’s costs are required to be taxed the certificate, or allocatur or, where the certificate or allocatur is not available, a certified copy thereof, by the Taxing Master of the Supreme Court certifying the amount at which the appellant’s costs have been taxed and allowed;\n\n(c) in the case of an application by a person to whom a certificate has been granted under section 14(1)(c) or (d) of the Act — the certificate or, where the certificate is not available, a copy thereof certified to be a true copy by the proper officer of the Court by which the certificate was granted;\n\n(d) in the case of an application by a person under section 14(1)(a) or (b) of the Act — a copy, certified to be a true copy by the proper officer of the Court, of the order made by the Court in the proceedings or on the appeal, as the case may be;\n\n(e) in the case of an application by a person under section 15 of the Act —\n\n(i) a copy, certified to be a true copy by the proper officer of the Court, of the order of the Court ordering a new trial; and\n\n(ii) the receipt of the appellant or his solicitors for payment by the respondent of the amount of the appellant’s costs ordered to be paid by the respondent, or other evidence of such payment satisfactory to the Board.\n\n[Regulation 4 amended: Gazette 18 Feb 1972 p. 364.]\n\n##### 5. Time within which application is to be made\n\nEvery application under regulation 4 shall be made —\n\n(a) in the case of an application made under section 10 of the Act — within 6 months after the date on which the appeal has succeeded in respect of which the indemnity certificate has been granted;\n\n(b) in the case of an application made under section 14 or section 15 of the Act, other than an application by a person to whom a certificate has been granted under subsection (1)(d) of that section 14 — within 6 months after the new trial; or\n\n(c) in the case of an application by a person to whom a certificate has been granted under subsection (1)(d) of section 14 of the Act — within 6 months after the date on which the proceeding is adjourned.\n\n[Regulation 5 amended: Gazette 18 Feb 1972 p. 364.]\n\n##### 6. Board may extend time\n\n(1) The Board may, upon application made to it in respect of any application under regulation 4, at any time extend the period of 6 months fixed by regulation 5 and may further extend any period fixed in pursuance of this regulation.\n\n(2) The Board may impose such conditions as it thinks fit with respect to any extension granted under subregulation (1).\n\n##### 7. Board may require costs to be taxed\n\nFor the purposes of any application for payment from the Fund, the Board may require the applicant to have any of the costs to which his application relates taxed in accordance with regulation 8 by the taxing officer of the Court concerned or, to enable agreement to be reached between the Board and the applicant as to the amount of those costs, by an assessor nominated by the Board with the consent of the applicant.\n\n##### 8. Taxation of costs\n\n(1) Where the Board in pursuance of regulation 7, requires an applicant to have any costs taxed by the taxing officer of the Court concerned, it shall cause notice in writing to that effect to be posted to the applicant at the address shown in his application.\n\n(2) An applicant to whom such a notice is addressed may, unless a bill of those costs has already been delivered, request the solicitor who acted for him in the proceedings in which the costs were incurred to deliver to him a bill of the costs to which the notice relates and the solicitor shall within 14 days of being so requested and in accordance with such request deliver his bill of costs.\n\n(3) An applicant to whom notice has been given in pursuance of subregulation (1) shall —\n\n(a) within 6 months of receiving the notice obtain from the taxing officer of the Court concerned an appointment to tax a bill of the costs to which the notice relates; and\n\n(b) not less than 2 days before the day appointed for the taxing of the bill of costs, cause notice in writing of the appointment to be given to the solicitor by whom the bill was delivered.\n\n(4) The taxing officer shall proceed to tax the bill and shall permit the solicitor by whom the bill was delivered to attend the taxation but, in the absence of that solicitor, shall proceed to the taxation upon being satisfied that the solicitor has been given notice of the appointment in accordance with subregulation (3)(b).\n\n(5) The taxing officer shall ascertain and tax the costs of and incidental to the taxation of any bill of costs in pursuance of this regulation, and those costs shall be paid by the applicant.\n\n(6) The taxing officer shall certify in writing the amount at which he allows any bill of costs taxed in pursuance of this regulation and the amount at which he allows the costs of and incidental to the taxation of that bill.\n\n##### 9. Board may require additional information\n\nThe Board may require an applicant to produce to the Board such additional information in support of his application as it may think fit.\n\n##### 10. Certificates and directions of the Board\n\n(1) Upon being satisfied that a payment out of the Fund is authorised by the Act and that the provisions of the Act and these regulations in relation to any claim for payment have been complied with, the Board shall issue a certificate setting out the sum which the person named therein is entitled to be paid and authorising the payment of such sum out of the Fund.\n\n(2) Every certificate issued by the Board under subregulation (1) shall be signed by the Chairman of the Board or by a member of the Board authorised by the Board in that behalf and shall be in the form of Form 6 in the schedule.\n\n(3) Every direction made by the Board pursuant to section 11(2) of the Act shall be in writing and shall be signed by the Chairman of the Board or by a member of the Board authorised in that behalf by the Board.\n\n(4) Each certificate and direction shall forthwith be sent by the Secretary to the person in whose favour it has been issued.\n\n##### 11. Secretary\n\nThe Secretary shall —\n\n(a) keep a register of all applications made to the Board for payment from the Fund;\n\n(b) file all applications and documents lodged therewith;\n\n(c) keep minutes of the meetings of the Board; and\n\n(d) conduct such correspondence and other business as is directed by the Board.\n\n##### 12. Board meetings\n\nThe Board shall meet at such times and places as the Board determines or as are fixed by the Chairman and notified by the Secretary to the other members of the Board.\n\n##### 13. Board may require production of court documents\n\n(1) The Board may by notice in writing to the registrar or proper officer of a Court require the production or transmission to the Board of any file or papers in the custody of that registrar or proper officer that relate to any application then before the Board and the registrar or proper officer concerned shall produce or transmit the file or papers accordingly.\n\n(2) Any notice under subregulation (1) may be signed by the Secretary or other person authorised in that behalf by the Board.\n\n[Regulation 13 amneded: Gazette 31 Jul 2007 p. 3806.]\n\n##### 14. Prescribed amount s. 11(3)(b)\n\nFor the purposes of section 11(3)(b) of the Act the amount payable from the Fund to any one respondent in respect of an indemnity certificate shall not in any case exceed the sum of $2 000.\n\n[Regulation 14 inserted: Gazette 10 Nov 1970 p. 3461.]\n\n##### 15. Amount of levy prescribed (Act s. 5(1))\n\n(1) In this regulation —\n\ncourt fee regulations means —\n\n(a) the *Children’s Court (Fees) Regulations 2005*; or\n\n(b) the *District Court (Fees) Regulations 2002*; or\n\n(c) the *Magistrates Court (Fees) Regulations 2005*; or\n\n(d) the *Supreme Court (Fees) Regulations 2002*;\n\nrelevant process means —\n\n(a) a writ of summons referred to in section 5(1)(a) of the Act; or\n\n(b) a claim or originating process that commences a case referred to in section 5(1)(b) of the Act; or\n\n(c) a summons or court hearing notice referred to in section 5(1)(c) of the Act.\n\n(2) For the purposes of section 5(1) of the Act, the amount of $3.00 is prescribed for a relevant process.\n\n(3) Subregulation (2) does not apply to a relevant process if, under court fee regulations —\n\n(a) no fee is payable in respect of the filing or issuing of the relevant process; or\n\n(b) a fee is payable in respect of the filing or issuing of the relevant process and —\n\n(i) if the fee is payable by an individual — it is the eligible individual fee; or\n\n(ii) if the fee is payable by an entity — it is the eligible entity fee.\n\n[Regulation 15 inserted: SL 2020/261 r. 4.]\n\nSchedule\n\n**Form 1**\n\n*Suitors’ Fund Act 1964*\n\nIn the Supreme Court\n\nof Western Australia.\n\nIn the matter of the *Suitors’ Fund Act 1964*\n\nand\n\nIn the matter of an appeal between\n\n(Appellant)\n\nand\n\n(Respondent)\n\nINDEMNITY CERTIFICATE\n\nWHEREAS:\n\n1. On the day of 20 , the abovenamed (appellant or respondent as the case may be) issued out of Court (name of Court) at (place) a (writ, summons, prosecution notice, etc., as the case may be) against the abovenamed (respondent or appellant as the case may be):\n\n2. On the day of 20 the said Court ordered in favour of the respondent against the appellant that:\n\n(Set out substance of order.)\n\n3. On the day of 20 the appellant appealed against the said decision to (name of Court) (hereinafter called “the Appeal Court”) on grounds which included a question of law:\n\n4. On the day of 20 the Appeal Court ordered that:\n\n(Set out substance of order or judgment.)\n\nand thereby the said appeal succeeded on a question of law:\n\n5. On the day of 20 the respondent applied to this Court for an indemnity certificate in respect of the said appeal:\n\n6. On the day of 20 this Court decided that an indemnity certificate be granted to the respondent in respect of the said appeal.\n\nIT IS HEREBY CERTIFIED THAT the respondent be indemnified in respect of the costs of the said appeal pursuant to the provisions of the *Suitors’ Fund Act 1964*.\n\nDated the day of 20 .\n\nJudge.\n\n[Form 1 amended: Gazette 31 Jul 2007 p. 3806.]\n\n**Form 1a**\n\n*SUITORS’ FUND ACT 1964*\n\n| IN THE SUPREME COURT<br>OF WESTERN AUSTRALIA | ![brace]() |\n| --- | --- |\n\n\nIN THE MATTER of the *Suitors’ Fund Act 1964*,\n\nand\n\nIN THE MATTER of an appeal against a conviction for an indictable offence between\n\nThe State of Western Australia\n\nRespondent\n\nagainst\n\nAppellant\n\n(Accused)\n\nCOSTS CERTIFICATE PURSUANT TO SECTION 12A(1) OF THE *SUITORS’ FUND ACT 1964*\n\nWHEREAS:\n\n1. On the day of 20 the abovenamed appellant was convicted in the Court at of an indictable offence.\n\n2. On the day of 20 the said conviction was quashed by the Supreme Court without a new trial being ordered.\n\nNOW IT IS HEREBY CERTIFIED that the Court grants to the appellant a costs certificate in respect of the costs of the appeal (or such part of the costs of the appeal being ).\n\nDated the day of 20 .\n\nJUDGE.\n\n[Form 1a inserted: Gazette 18 Feb 1972 p. 365; amended: Gazette 19 Apr 2005 p. 1301.]\n\n**Form 1b**\n\n*SUITORS’ FUND ACT 1964*\n\n| IN THE SUPREME COURT<br>OF WESTERN AUSTRALIA | ![brace]() |\n| --- | --- |\n\n\nIN THE MATTER OF THE *SUITORS’ FUND ACT 1964*,\n\nand\n\nIN THE MATTER OF PROCEEDINGS BETWEEN\n\nAppellant\n\nand\n\nRespondent\n\nCOSTS CERTIFICATE PURSUANT TO SECTION 12A(2) OF THE *SUITORS’ FUND ACT, 1964*.\n\nWHEREAS:\n\n1. On the day of 20 the abovenamed appellant appealed against a decision of the (name the Court) sitting at to the Supreme Court on grounds which included a question of law.\n\n2. On the day of 20 the Supreme Court ordered that (set out the substances of order or judgment) and thereby the said appeal succeeded on a question of law.\n\nNOW the Court further found that but for the provision of some other Act or law the Court would have made an order regarding the Appellant’s costs of the Appeal, against the Respondent.\n\nThe Order which the Court would have so made is:\n\n(The Appellant’s costs of the Appeal to be fixed at and be paid by the Respondent.)\n\n(The Appellant’s costs of the Appeal be taxed and be paid by the Respondent.)\n\n(The Appellant’s costs of the Appeal to be taxed and (state proportion) thereof be paid by the Respondent.)\n\nA costs certificate is granted to the Appellant.\n\nDated the day of 20 .\n\nJUDGE.\n\n[Form 1b inserted: Gazette 18 Feb 1972 p. 365.]\n\n**Form 2**\n\n*Suitors’ Fund Act 1964*\n\nIn the\n\n(Court)\n\nIn the matter of the *Suitors’ Fund Act 1964*\n\nand\n\nIn the matter of proceedings between\n\n(plaintiff, claimant, prosecutor or as the case may be)\n\nand\n\n(defendant, accused or as the case may be).\n\nCERTIFICATE PURSUANT TO SECTION 14(1)(c) OF THE *SUITORS’ FUND ACT 1964*\n\nWHEREAS:\n\n1. On the day of 20 (civil or criminal as the case may be) proceedings were commenced by the abovenamed (plaintiff, claimant, prosecutor or as the case may be) against the abovenamed (defendant, accused or as the case may be) in the (name of Court) at (place):\n\n2. On the day of 20 the said proceedings were being heard in the said Court before (name of Judge, Magistrate or Justice) (hereinafter called “the presiding judicial officer”) and on the said date the said hearing was discontinued and a new trial ordered by the presiding judicial officer.\n\nIt is hereby certified that:\n\n1. The reason why the said proceedings were discontinued was:\n\n(set out reason)\n\n2. A new trial of the said proceedings was ordered;\n\n3. The said reason was not attributable in any way to the act, neglect or default of (in the case of civil proceedings) all or any one or more of the parties to the said proceedings or their legal practitioners (or in the case of criminal proceedings) the accused or his legal practitioner.\n\nDated the day of 20 .\n\n(Set out name of Judge, etc., under signature and capacity, e.g. “Judge of the Supreme Court”.)\n\n[Form 2 amended: Gazette 31 Jul 2007 p. 3806‑7.]\n\n**Form 2a**\n\n*SUITORS’ FUND ACT 1964*\n\n| IN THE SUPREME COURT<br>OF WESTERN AUSTRALIA | ![brace]() |\n| --- | --- |\n\n\n(or as the case may be).\n\nIN THE MATTER OF THE *SUITORS’ FUND*\n\n*ACT 1964*,\n\nand\n\nIN THE MATTER OF CRIMINAL PROCEEDINGS BETWEEN\n\n(Prosecutor or as the case may be)\n\nand\n\n(Accused or as the case may be)\n\nCERTIFICATE PURSUANT TO SECTION 14(1)(d) OF THE *SUITORS’ FUND ACT 1964*\n\nWHEREAS:\n\n1. On the day of 20 at proceedings in the above matter were commenced and were adjourned by or on behalf of the prosecution.\n\n2. I am satisfied that by reason of such adjournment the accused has necessarily incurred expense.\n\nNOW I HEREBY CERTIFY:\n\n(i) that the reason why the said proceedings were adjourned was\n\n(ii) that such reason was not attributable in any way to the act, neglect or default of the accused or his counsel or solicitor.\n\nDated the day of 20 .\n\nPRESIDING JUDGE, MAGISTRATE\n\nOR JUSTICE\n\n(or as the case may be).\n\n[Form 2a inserted: Gazette 18 Feb 1972 p. 366; amended: Gazette 31 Jul 2007 p. 3807.]\n\n**Form 3**\n\n*Suitors’ Fund Act 1964*\n\nIn the matter of the *Suitors’ Fund Act 1964*\n\nand\n\nIn the matter of an appeal between\n\n(Appellant)\n\nand\n\n(Respondent)\n\nAPPLICATION TO THE APPEAL COSTS BOARD BY THE RESPONDENT\n\nFOR A CERTIFICATE AUTHORISING PAYMENT OUT OF THE SUITORS’ FUND\n\nI of in the State of (occupation) being the abovenamed respondent hereby apply to the Appeal Costs Board for a certificate for payment to me from the Suitors’ Fund of the following amounts:\n\n(Set out in numbered paragraphs each amount claimed and whether it is claimed as appellant’s costs or as the case may be).\n\nAn indemnity certificate was granted to the abovenamed respondent in respect of the abovenamed appeal on the day of , 20 .\n\nThe facts on which this application is made are as follows:\n\nThe following documents are lodged with this application:\n\n(Set out such of the documents referred to in Regulation 4(5) as are relevant).\n\nDated the day of , 20 .\n\n(Signature of applicant.)\n\n**Form 4**\n\n*Suitors’ Fund Act 1964*\n\nIn the matter of the *Suitors’ Fund Act 1964*,\n\nand\n\nIn the matter of a (state nature of proceedings, e.g., prosecution notice or application) in the (name of Court) wherein\n\nwas (prosecutor or as the case may be)\n\nand\n\nwas (accused or as the case may be)\n\nAPPLICATION TO THE APPEAL COSTS BOARD BY THE PROSECUTOR (OR AS THE CASE MAY BE) FOR A CERTIFICATE AUTHORISING PAYMENT OUT OF THE SUITORS’ FUND PURSUANT TO SECTION 14 OR 15 OF THE ACT (AS THE CASE MAY BE)\n\nI of in the State of (occupation) being the abovenamed prosecutor (or as the case may be) hereby apply to the Appeal Costs Board for a certificate for payment to me from the Suitors’ Fund of the following amounts:\n\n(Set out in numbered paragraphs each amount claimed).\n\nThe ground on which this application is made is as follows:\n\n(Set out ground, e.g., that the abovenamed proceedings were rendered abortive by the death of Magistrate , the Magistrate before whom the proceedings were had.)\n\n(Where the application is made under section 14(1)(c), insert the following paragraph:\n\nA certificate under section 14(1)(c) of the Act was granted to the applicant in respect of the abovenamed proceedings by (name of the presiding Magistrate, etc.) the presiding Magistrate (or as the case may be) on the day of , 20 ).\n\n(Where the application is made under section 14(1)(d) of the Act insert the following paragraph:\n\nA certificate under section 14(1)(d) of the Act was granted to the applicant in respect of the abovenamed proceeding by (name the presiding Magistrate, etc.,) the presiding Magistrate (or as the case may be) on the day of , 20 .)\n\nThe facts on which this application is made are as follows:\n\nThe following documents are lodged with this application:\n\n(Set out such of the documents referred to in Regulation 4(5) as are relevant).\n\nDated the day of , 20 .\n\n(Signature of Applicant.)\n\n[Form 4 amended: Gazette 18 Feb 1972 p. 366; 31 Jul 2007 p. 3807.]\n\n**Form 5**\n\n*Suitors’ Fund Act 1964*\n\nIn the matter of the *Suitors’ Fund Act 1964*,\n\nand\n\nIn the matter of an appeal between\n\n(Appellant)\n\nand\n\n(Respondent)\n\nAPPLICATION TO THE APPEAL COSTS BOARD BY THE ABOVENAMED FOR A DIRECTION PURSUANT TO SECTION 11(2) OF THE ACT\n\nI of\n\nin the State of (occupation) being the above‑named hereby apply to the Appeal Costs Board for a direction that the sum of being costs not already paid by the abovenamed respondent be paid from the Suitors’ Fund for and on behalf of the above‑named respondent to .\n\nAn indemnity certificate was granted to the abovenamed respondent in respect of the abovenamed appeal on the day of , 20 .\n\nThe ground on which this application is made is:\n\n(Set out ground, e.g., that the respondent unreasonably refuses to pay the appellant the costs referred to in section 11(1)(a) of the Act.)\n\nThe facts on which this application is made are as follows:\n\nThe following documents are lodged with this application:\n\n(Set out such of the documents referred to in Regulation 4(5) as are relevant).\n\nDated the day of , 20 .\n\n(Signature of applicant.)\n\n**Form 6**\n\n*Suitors’ Fund Act 1964*\n\nIn the matter of the *Suitors’ Fund Act 1964*,\n\nand\n\nIn the matter of an appeal (or proceedings as the case may be) between\n\n(appellant or as the case may be)\n\nand\n\n(respondent or as the case may be).\n\nCERTIFICATE OF THE APPEAL COSTS BOARD\n\nTo the Treasurer of the State of Western Australia:\n\nPursuant to the *Suitors’ Fund Act 1964* the Appeal Costs Board hereby certifies that the abovenamed of in the State of is entitled to be paid out of the Suitors’ Fund the sum of and authorises the payment of the said sum to the said out of the said Fund.\n\nDated at Perth this day of 20 .\n\n(Set out name under signature.)\n\nChairman, Appeal Costs Board.\n\n![]()\n\nNotes\n\nThis is a compilation of the *Suitors’ Fund Regulations 1965* and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table.\n\nCompilation table\n\n| **Citation** | **Published** | **Commencement** |\n| --- | --- | --- |\n| *Suitors’ Fund Regulations 1965* | 31 Aug 1965 p. 2551‑7 | 31 Aug 1965 |\n|  | 10 Nov 1970 p. 3461 | 10 Nov 1970 |\n|  | 18 Feb 1972 p. 364‑6 | 18 Feb 1972 |\n| *Suitors’ Fund Amendment Regulations 1980* | 19 Dec 1980 p. 4295 | 1 Jan 1981 (see r. 2) |\n| **Reprint 1: *Suitors’ Fund Regulations 1965* as at 7 Mar 2003** (includes amendments listed above) | | |\n| *Courts and Legal Practice (Consequential Amendments) Regulations 2005* r. 13 | 19 Apr 2005 p. 1294-302 | 19 Apr 2005 |\n| *Suitors’ Fund Amendment Regulations 2007* | 31 Jul 2007 p. 3806-7 | r. 1 and 2: 31 Jul 2007 (see r. 2(a));   Regulations other than r. 1 and 2: 1 Aug 2007 (see r. 2(b)) |\n| *Suitors’ Fund Amendment Regulations 2020* | SL 2020/261 24 Dec 2020 | 1 Jan 2021 (see r. 2 and SL 2020/260 cl. 2) |\n\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\napplicant 2\n\ncosts certificate 2\n\ncourt fee regulations 15(1)\n\nindemnity certificate 2\n\nrelevant process 15(1)\n\nSecretary 2\n\nthe Act 2\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The regulations have expanded significantly from their original 1965 scope. The original regulations dealt primarily with indemnity certificates for successful respondents in appeals. Over time, amendments have added: costs certificates for criminal appeals (1972), certificates for adjourned proceedings (1972), updated court fee regulations references (2005, 2020), and modernised levy structures. The 2020 amendment completely restructured regulation 15 to reference contemporary court fee regulations, showing the legislation has evolved to track changes in the broader court system rather than remaining static."},"complexity_factors":["Multiple overlapping certificate types (indemnity certificates, costs certificates under sections 12A(1) and 12A(2), certificates under section 14(1)(c) and 14(1)(d)) with different forms and requirements","Extensive documentary requirements in regulation 4(5) with 5 sub-paragraphs and multiple nested sub-sub-paragraphs (i)-(v)","Cross-references to the parent Act (Suitors' Fund Act 1964) throughout, requiring knowledge of sections 5, 10, 11, 12A, 14, and 15","6 different prescribed forms in the Schedule, each with specific procedural contexts and amendment histories","Conditional time limits (regulation 5) with 3 different 6-month periods depending on the type of application","Nested procedural steps for taxation of costs (regulation 8) with multiple sub-steps and timeframes","Amendment history spanning from 1965 to 2020, creating layered text with some provisions marked as inserted at different dates","Specific terminology requiring definitions ('taxing officer', 'allocatur', 'proper officer') though only 6 defined terms in regulation 2"],"plain_english_summary":"**What this legislation does**\n\nThese regulations set out the practical rules for running the **Suitors' Fund** in Western Australia — a government pool of money that helps cover legal costs in specific court cases. Think of it as a safety net that kicks in when someone wins an appeal or when a trial gets cancelled through no fault of the parties involved.\n\n**Who it affects**\n\n- **People who win appeals** — especially respondents who successfully defend against appeals, or appellants who win criminal appeals\n- **Parties in aborted trials** — when a trial is stopped and rescheduled because a judge dies, gets sick, or for other reasons beyond anyone's control\n- **Lawyers and courts** — who must fill out specific forms and follow strict paperwork rules\n- **The Appeal Costs Board** — the government body that administers the Fund\n\n**Key things the rules cover**\n\n- **How to apply for money**: You must use specific forms (Forms 3, 4, or 5) and include certified copies of court orders, receipts showing you've paid costs, and various certificates\n- **Time limits**: Generally 6 months to apply, though the Board can extend this\n- **Getting costs assessed**: The Board can make you get your legal bills officially \"taxed\" (reviewed and approved) by a court officer\n- **Paperwork requirements**: Detailed lists of documents needed — from indemnity certificates to proof of payment\n- **Fees**: A $3 levy on court documents that helps fund the system (with exemptions for people who qualify for reduced fees)\n- **Caps on payments**: No more than $2,000 can be paid to any one respondent under an indemnity certificate\n\n**Why it matters**\n\nCourt cases are expensive. When someone successfully defends an appeal, they usually can't recover their costs from the loser (unlike in normal litigation). The Suitors' Fund steps in to cover these costs, ensuring people aren't financially ruined for successfully defending their rights. The regulations make sure this public money is handed out fairly, with proper checks and documentation."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed — the legislative text was not available for analysis. The page has been removed from the Western Australian legislation website pending system upgrades."},"complexity_factors":["No legislative text was retrievable — the source URL returned a 404-style error page","Cannot assess actual regulatory complexity without content","Score of 1 reflects absence of analysable material, not simplicity of the underlying law"],"plain_english_summary":"The Suitors' Fund Regulations 1965 (WA) set out how Western Australia’s Suitors’ Fund operates: administering reimbursements of legal costs to successful litigants whose opponents cannot pay. They govern who can apply, how payments are assessed and processed, and the fund’s administration. This affects litigants, courts and fund administrators and matters because it protects successful parties from being left out of pocket and supports access to justice."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"These regulations implement the Act's procedural and financial mechanisms (forms, timelines, documentation, taxation process, Board powers, levy and cap) rather than changing who is eligible under the Act. Key implemented parameters include the $3 levy per relevant process (reg 15(2)), the $2,000 cap on indemnity payments (reg 14) and fee exemptions aligned to specified court fee regulations (reg 15(3))."},"complexity_factors":["Multiple prescribed forms and certificate types across the schedule (Forms 1, 1a/1b, 2/2a, 3–6) increasing procedural detail.","Time limits with discretionary extension power by the Board (regs 5–6).","Cost determination procedures requiring taxation or assessment and associated cost liabilities (regs 7–8).","Board discretion to request additional information and to obtain court files (regs 9, 13) creating evidentiary demands.","Fixed financial parameters set by regulation (levy $3, reg 15(2); indemnity cap $2,000, reg 14) interacting with fee-regimes and exemptions (reg 15(3)).","Recordkeeping and administrative duties for the Secretary and meeting/notification processes (regs 10–12).","Cross-references to multiple court fee regulations and external officers (reg 15(1); reg 4 references to taxing officers and registrars) increasing inter-instrument reliance."],"plain_english_summary":"These regulations set out how claims on Western Australia's *Suitors' Fund* are made, assessed and paid: they prescribe forms, time limits, required court documents, taxation of costs, Board procedures, a $3 levy per relevant court process (reg 15(2)) and a $2,000 cap per indemnity (reg 14).\n\nWho pays: filers pay the levy; the Board certifies payments; applicants bear taxation and documentation costs and must meet deadlines, while the Board may extend time and require further information (regs 5–6, 7–9, 10, 13)."},"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/suitors-fund-regulations-1965","history":"/api/acts/suitors-fund-regulations-1965/history","analysis":"/api/acts/suitors-fund-regulations-1965/analysis","conflicts":"/api/acts/suitors-fund-regulations-1965/conflicts","importantCases":"/api/acts/suitors-fund-regulations-1965/important-cases","documents":"/api/acts/suitors-fund-regulations-1965/documents"}}