Appeal Costs Fund Act 1968

The Act rests on a small set of core concepts that determine eligibility, scope of payment, timing and limits.

• The Fund. Statutory corpus called the Appeal Costs Fund (s3(1)-(3)). Its composition is prescribed fees, specific annual payments, and investment income (s3(2)). The Registrar manages and invests the Fund; income is exempt from state tax (s3(4)-(5), (6)-(7)).

• Indemnity certificate. A judicial device granted by a court (or, in specified High Court determinations, by a judge in chambers) that creates a statutory right to payment from the Fund in respect of an appeal (s8-11). The certificate distinguishes between respondent certificates (commonly where the appeal succeeds) and appellant certificates (in specific summary/criminal contexts) (ss8, 10).

• Costs and taxation. “Costs” in the Act are defined broadly in s2 but exclude costs in a court of first instance unless expressly provided otherwise. Payments from the Fund are generally calculated on taxed costs; an itemised bill must be submitted and taxed by a Supreme Court taxing officer before payment (s19A(1)-(2)). The taxing officer may charge a fee payable from the Fund (s19A(3)-(4)). Taxation outcomes can be reviewed and, on further dissatisfaction, referred to a judge for further review (s19A(5)-(6)).

• Sequence of appeals. Special rules apply where appeals form a sequence; certificates can extend to prior appeals in the sequence (s2 definition of “sequence of appeals”, s9(1)(a)(ii)). Vacatur rules also apply where later appeals affect earlier certificates (s12).

• Registrar’s control and remedies. The Registrar issues certificates authorising payment (s7(1)-(2)), may direct payment to the appellant where a respondent cannot pay or refuses (s9(2), s16(2)(a), s17(2)(a)), and receives repayments where undertakings or subsequent successful appeals render prior payments inappropriate (s13(4)-(6)). Payments are scheduled quarterly and may be rateably reduced if the Fund is insufficient (s7(3)-(5)).

• Exclusions and caps. Indemnity certificates are not available for prosecution of proceedings begun prior to the Act (s19(1)) and not to the Crown (s19(2)). The Act imposes various caps and gives regulation-making power to set maxima: s11(2) fixes a $300 cap (for appellant certificates under s10) and s7A allows regulations to prescribe the maximum payable generally. Taxing fees are disregarded when calculating maximums but are payable from the Fund (s19A(4)).

• Procedural inputs from other bodies. The Act prescribes reporting and payment obligations beyond courts: the Registrar of the Tribunal must report to, and receive payment from, the Workplace Safety Board and the Asbestos Compensation Commissioner (ss5A-5B). The Director, MPES must forward certain fees to the Registrar (s6A).

These concepts define who has a statutory entitlement to Fund payments, how monies enter and exit the Fund, and the administrative checkpoints (taxation, certificates, Registrar satisfaction) that govern flows.

The Act names several categories of actors and allocates operational roles, duties and financial burdens among them.

• Filers and litigants. A principal revenue source for the Fund is an additional prescribed fee payable on filing a claim in the Magistrates Court (Civil Division), sealing a writ in the Supreme Court, or filing in a court of general sessions (s5(1)). Persons fined or ordered to pay sums by a conviction or order under the Justices Act (other than in the Supreme Court) must also pay a prescribed fee to the clerk of petty sessions in addition to other ordered amounts (s5(2)-(3)). Where prescribed fees apply, the litigant or convicted person bears the cost of contributing to the Fund.

• Respondents and appellants. They are the primary potential beneficiaries. The court may grant indemnity certificates to successful respondents in the Supreme Court, Full Court, or to respondents where appeals reach the High Court (s8). Successful appellants may also be granted indemnity certificates in specific situations where the respondent did not appear or in criminal appeals (s10). Entitlements are to taxed costs and taxation expenses (ss9, 11).

• The Crown. The Act explicitly excludes the Crown from receiving indemnity certificates (s19(2)). That is a statutory bar on Crown beneficiaries under the indemnity certificate regime.

• Legal practitioners. Payments payable to a person from the Fund may, if the Registrar thinks fit, be paid to that person’s Australian legal practitioner (s18). On such payment, the Fund is discharged from liability.

• Courts and judicial officers. Courts (Supreme Court and others) decide whether to grant, refuse or limit indemnity certificates, and may order that indemnity be limited to a portion of costs (s14). Judicial officers issue certificates authorising entitlement to costs under the abortive/ new-trial/infant-compromise provisions (s15(2)). Taxing officers of the Supreme Court are used to assess bills of costs (s19A(1)-(2)).

• The Registrar and court officers. The Registrar manages the Fund, receives quarterly remittances and annual payments, invests funds, issues payment certificates, and determines compliance for payment (ss3, 6, 7). Proper officers of courts (registrar, clerk of petty sessions, etc.) must prepare quarterly statements and remit collected fees to the Registrar (s6(1)-(2)). The Registrar also receives payments forwarded by MPES (s6A).

• Workplace Safety Board of Tasmania and Asbestos Compensation Commissioner. Under ss5A and 5B, the Registrar of the Tribunal must give annual statements specifying counts of disputed claims or referral applications; the Board and Commissioner must return copies and pay prescribed amounts calculated by multiplying counts by the filing fee (ss5A(1)-(3), 5B(1)-(3)). These bodies carry a predictable administrative and financial obligation tied to tribunal referrals.

• Taxing officers and judges. Taxation of bills is a gate to payment; taxing officers permit review and can impose fees payable from the Fund (s19A(1)-(4)). A judge may further review a taxing officer’s certificate (s19A(6)).

• Treasurer and authorised deposit-taking institutions. Moneys of the Fund may be lodged at call or on fixed deposit with the Treasurer or authorised deposit-taking institutions (s3(7)). The Treasurer may therefore have a custodian role for uninvested cash.

Who decides, who pays and who benefits is dispersed: litigants and bureaucratic bodies supply money; courts produce certificates and shape entitlements; taxing officers and the Registrar implement valuations and disbursement decisions; legal practitioners may receive payment on behalf of clients. The Act’s exclusions and caps (s19; s11(2); s7A) and the Registrar’s discretion (s7(2), s9(2)) constrain recipients and the quantum of benefits.

This section lists statutory duties placed on named actors and the corresponding rights created by the Act.

Duties

• Proper officers of courts: prepare and send quarterly statements in the prescribed form, signed by the proper officer, setting forth total amounts collected under s5(1) and transmit the proceeds to the Registrar on or before the last day of January, April, July, and October (s6(1)-(2)). Regulations may require recordkeeping and further prescribing of statements (s6(3)).

• Registrar: manage and invest the Fund (s3(4), (6)-(7)); pay amounts only on a certificate and when satisfied that payment is authorised by the Act and that claim procedures were complied with (s7(1)-(2)); pay transmitted amounts into the Fund (s6(2)); accept payments from MPES (s6A), and use unspent credit to meet unsatisfied claims from prior years (s7(5)). The Registrar may direct payment to an appellant where a respondent cannot pay or refuses (s9(2), s16(2)(a), s17(2)(a)) and may receive repayments where required (s13(4)-(6)).

• Director, MPES: send all fees payable under s5(2) to the Registrar (s6A).

• Registrar of the Tribunal: provide an annual statement to the Workplace Safety Board and the Asbestos Compensation Commissioner specifying counts of disputed claims/ referrals (ss5A(1), 5B(1)).

• Workplace Safety Board and Asbestos Compensation Commissioner: provide copies of statements to the Registrar and pay the prescribed amount by 31 August each year (ss5A(2), 5B(2)).

• Judicial officers: authorised to issue certificates where proceedings are abortive, discontinued or new trials ordered for specified non-party-attributable reasons (s15(2)). Courts exercise discretion when considering indemnity certificate applications (s14).

• Taxing officers: must tax itemised bills submitted for payment under this Act, allowing costs the officer deems necessary or proper (s19A(1)-(2)). The officer may impose a taxing fee in accordance with the Rules of the Supreme Court (s19A(3)-(4)). They must review taxation on application (s19A(5)).

Rights

• Entitlement to be paid from the Fund on an indemnity certificate: respondents who succeed on certain appeals may recover amounts equal to the appellant’s costs of the appeal (and prior appeals in a sequence), respondents’ taxed costs of the appeal (and prior appeals), and costs of taxation if taxed at the respondent’s instance (s9(1)(a)-(c)). Appellants granted indemnity certificates under s10 are entitled to taxed costs of the appeal and taxation costs (s11(1)); s11(2) limits such payments to $300 per certificate under s10.

• Entitlements arising without an indemnity certificate: parties to abortive proceedings, appellants whose convictions are quashed, respondents where a new trial is ordered for jury/evidence defects, and infant plaintiffs facing refused-compromise situations are entitled to specified taxed costs and taxation expenses from the Fund where statutory prerequisites are met (ss15(1)-(1A), 16(1), 17(1)).

• Right to taxation review and further judicial review: where a person is dissatisfied with a taxing officer’s allowance/disallowance, the person may apply for review by the taxing officer (s19A(5)); if still dissatisfied, a judge may further review and make just orders (s19A(6)).

• Right to payment to legal practitioner: where the Registrar thinks fit, an amount payable from the Fund may be paid to a party’s Australian legal practitioner, discharging the Fund’s liability (s18).

• Right to rates if Fund insufficient: if total claims exceed Fund balance, claims are paid rateably (s7(4)); where a credit balance remains after payments for the quarter, it is applied to unsatisfied claims of the previous five years (s7(5)).

Limitations and conditions are numerous. Indemnity certificates are subject to vacatur rules in sequences (s12) and have no effect while statutory appeal times run or related appeals are pending until leave is determined or a specified undertaking is lodged (s13). No indemnity certificates for proceedings begun before the Act (s19(1)) or in favour of the Crown (s19(2)). Payments require taxation and a registrar certificate (s19A(1); s7(1)-(2)), and regulatory maxima may cap quantum (s7A; s20).

The Act does not create a conventional offence-and-penalty regime for most breaches; its enforcement architecture is administrative and civil. Where the Act does provide recovery or enforcement mechanisms, they are primarily civil and procedural.

Recovery of overpaid amounts and repayment obligations

• Repayment where certificate becomes ineffective. If an amount has been paid under an indemnity certificate and later the appellant is party to a successful appeal from the decision of the Supreme Court, the appellant must, on demand by the Registrar, repay amounts paid and the Registrar may recover the sum as a debt due by action in a court of competent jurisdiction (s13(4)). Similarly, if a respondent gives an undertaking not to appeal and later seeks leave/appeals, the respondent must repay amounts paid and the Registrar may recover the debt (s13(5)). Amounts recovered are to be paid into the Fund (s13(6)).

• Registrar directions to pay third parties. The Registrar may direct payment to an appellant where a respondent refuses, neglects, or is unable through lack of means to pay (s9(2); s16(2)(a); s17(2)(a)). Those directions substitute the Fund’s liability for the respondent’s obligation.

Taxation and review enforcement

• Mandatory taxation before payment. No payment is to be made out of the Fund unless an itemised bill of costs has been submitted and taxed by a Supreme Court taxing officer (s19A(1)). That procedural gate controls payments and enforces scrutiny on claimed costs.

• Review mechanisms. Taxing officers must review taxation on application (s19A(5)); a judge may further review as to items disputed on review and make just orders (s19A(6)). These provide administrative enforcement of proper quantum.

Administrative controls and payment scheduling

• Registrar certification. Payments out of the Fund require a Registrar’s certificate, and the Registrar will not issue one unless satisfied the payment is authorised by the Act and that claim procedures are complied with (s7(1)-(2)). This concentrates a form of administrative control and enforcement in the Registrar’s oversight.

• Quarterly payment routine and pro rata payments. The Act sets quarterly payment months (s7(3)) and requires rateable payment where claims exceed the Fund (s7(4)). This mechanical limit enforces proportional distribution when funds are insufficient rather than prioritising particular claimants.

Absence of criminal penalties in the text

• The text does not create express criminal offences or fines for failure to perform duties such as remittance by proper officers or for failure of the Workplace Safety Board to pay; however, the regulations (s20) may prescribe procedural obligations and penalties, and other Acts (for example, the Justices Act which is cross-referenced at s5(2)) supply enforcement mechanisms where appropriate. The statutory text provided contains no specified penal sanctions under this Act itself.

Other enforcement interactions

• Recovery as civil debt. The specific recovery mechanism under s13(4)-(5) is civil: amounts repayable on demand may be recovered by action as a debt. That is the principal coercive mechanism to enforce repayment where changed circumstances render prior payments inappropriate.

In short, enforcement under the Act is predominantly administrative and civil, channelled through the Registrar’s gatekeeping, statutory taxation, judicial review of taxation, and civil recovery of wrongly-situated payments. The Act leaves potential recourse for breaches of other obligations to provisions in other statutes or to regulations which the Governor may make (s20).

The Act cross-references and interacts with several other legislative instruments and legal procedures. These interactions alter both funding flows and rights.

• The Justices Act 1959. The Act uses the definition of “court of summary jurisdiction” from the Justices Act (s2). Importantly, s5(2) requires payment of a prescribed fee to the clerk of petty sessions where a fine or order is made on hearing a complaint under the Justices Act (other than in the Supreme Court), and s5(3) deems that fee, for recovery purposes, to be costs ordered to be paid under s77 of the Justices Act. The Act therefore uses the procedural machinery of the Justices Act to collect a portion of the Fund revenue and to enable recovery of unpaid fees.

• Monetary Penalties Enforcement Act 2005. The Act defines “Director, MPES” by reference to the Monetary Penalties Enforcement Act 2005 (s2). The Director, MPES must cause fees payable under s5(2) to be sent to the Registrar (s6A). This links monetary penalty enforcement collection channels to the Fund.

• Workers Rehabilitation and Compensation Act 1988. Section 5A requires the Registrar of the Tribunal to supply annual statements to the Workplace Safety Board established under the Workers Rehabilitation and Compensation Act 1988, and requires the Board to pay prescribed amounts in return. The prescribed amount is calculated using the filing fee in the Magistrates Court (s5A(3)). This ties tribunal activity under compensation law to Fund income.

• Asbestos-Related Diseases (Occupational Exposure) Compensation Act 2011. Section 5B creates a parallel reporting and payment obligation for the Asbestos Compensation Commissioner in respect of applications for referral to the Tribunal under that Act (s5B(1)-(3)).

• Legal Aid Commission Act 1990. Section 10(2) provides that s10(2) (allowing certificate grants in criminal appeals) does not apply to an appellant to whom legal aid has been provided within the meaning of the Legal Aid Commission Act 1990. The Act therefore recognises and defers to the legal-aid system’s role.

• Rules and procedures of courts. The Act requires taxation by a taxing officer of the Supreme Court (s19A(1)), and refers to the Rules of the Supreme Court in relation to taxing fees (s19A(4)(a)). The form and process for taxation and review therefore depends on existing court rules and taxing officer roles. Courts also retain discretion to grant or limit certificates and to consider the conduct of proceedings (s14(1)-(3)). The Act explicitly excludes appeals from decisions made under s14 (s14(4)), interacting with the ordinary appellate regime.

• Investment/legal trust law. The Registrar may invest Fund moneys “in any manner for the time being allowed by law for the investment of trust funds” (s3(6)). This ties Fund management to legal standards for investment of trust monies.

• Regulations. Section 20 confers broad regulation-making power that can affect making of payments from the Fund, taxation procedures in circumstances not provided under court rules, prescribing taxing officers, and regulating preparation and service of bills of costs and review. Thus, the Act’s operation depends heavily on regulations, which may alter fees, maxima (s7A), and procedures.

• Common law and statutory cost rules. The Act interacts with existing cost orders and taxation practices: payments are for taxed costs; s2 defines “costs” in the Act and excludes costs incurred in courts of first instance unless expressly provided. That delineation frames when Fund payments can replace standard cost liability.

Because the Act delegates many operational details to court rules and regulations, practitioners must monitor subordinate instruments and other statutes (Justices Act, Monetary Penalties Enforcement Act, Legal Aid Commission Act, Workers Rehabilitation and Compensation Act, Asbestos Compensation Act) to understand payment flows, collection points, exemptions and procedural gateways. The Act provides the statutory entitlement and high-level process; day-to-day interplay depends on those other instruments.

The text supplied includes parenthetical amendment annotations appended to many sections indicating piecemeal amendment over time. The Act as presented therefore reflects multiple historical modifications; the annotations in the statutory text are the only authorised source of amendment history available here.

Notable amendments and insertions shown in the text

• 1974 (No. 92 of 1974): Section 2 amended by s6 and Schedule 1; multiple sections including s3, s6, s7, s9, s13, s16, s17, s18, s19 were annotated as amended by No. 92 of 1974 (see individual sections for the amendment note). These appear to have altered definitions, Fund management provisions and other mechanics.

• 1978 onward: Amendments in 1978 include substitutions in ss7(3)-(5), s8(1) amendments (No. 45 of 1978), and insertion of s19A and s19B later in 1978/1986; the text shows s7 and s9 modifications and statutory additions at various dates.

• 1986 (No. 89 of 1986): Several provisions were substituted or added by No. 89 of 1986, including s5(1) substitution, s7A insertion (No. 89 of 1986 s6 inserted later), s9(3) substitution, s19A inserted (No. 45 of 1978 s10 inserted then amended by No. 89 of 1986), and s19B inserted by No. 89 of 1986 s13. These amendments modernised payment limits and added taxation and form controls.

• 1988-1990: 1988 no. 49 added certain certificate powers or clarified judicial authority in s8(3); s14 substituted by No. 19 of 1990; s15, s16, s17 had amendments and additions via Nos 19 of 1990 and 49 of 1988.

• 1994-1999: Section 4 was amended (and subsequently repealed by No. 50 of 2008 applied 1 Jul 2010); s3(7) was amended by No. 74 of 1999 Sched 2 applied 1 Jan 2000 regarding lodging uninvested moneys.

• 2005-2008: s2 definition of Director, MPES added with reference to the Monetary Penalties Enforcement Act 2005 (s2 amendments applied 28 Apr 2008). No. 6 of 2008 inserted s6A (applied 28 Apr 2008). Amendments in 2007-2008 affected definitions and s8(1), and s5 changes in 2015 reference prior 2012 and 2008 amendments.

• 2011-2015-2022-2023: Sections 5B inserted 2011 (applied 31 Oct 2011); 2012 amendment to definitions (s2); 2015 amendments to s5 and s5A applied 13 Oct 2015; 2022 substitution of s10 via No. 2 of 2022 applied 18 Mar 2022; 2023 amendments defining “sequence of appeals” and “Tribunal” applied 27 Nov 2023.

• 2007, 2011, 2012, 2015, 2022, 2023 annotations appear throughout affecting definitions, procedural duties and amounts.

Limitations of this chronology

• The annotations in the supplied text identify which sections were amended and by which numbered Act and sometimes give applied dates. They do not provide the full original wording or the full text of each amending Act. This note does not reconstruct the pre-amendment language or provide dates for every amendment beyond what is annotated in the text.

• The text specifically notes repeals (e.g., s4 repealed by No. 50 of 2008 applied 1 Jul 2010). This shows the Act has had material amendments and some repealed parts. For authoritative legislative history, consult the consolidated statute and amendment Acts in the government’s legislative database cited in the text.

Practical implication

• Practitioners should consult the current consolidated text and any regulations made under s20 to determine the operative monetary caps, the “prescribed” fees, and the forms. The Act explicitly contemplates regulatory detail (s20) and several sections reference prescribed amounts or fees (s5, s5A-5B, s7A), so subordinate instruments contain operative financial detail introduced after 1968.

The supplied statutory text contains no case law, judicial annotations or reported decisions. It names only courts and judicial actors but does not cite any judicial decisions or interpretative authorities. Therefore:

• There are no cases referenced in the Act as supplied to explain or limit the operation of particular provisions. The statutory text provides procedural and substantive rules without appended or cited judicial interpretation.

• Anticipated areas for litigation, based on the Act’s mechanics, would concern: (a) whether a court properly exercised its discretion under s14 to grant, refuse or limit an indemnity certificate; (b) the Registrar’s satisfaction that payment is authorised and that claim procedures have been complied with for the issue of a payment certificate (s7(2)); (c) disputes over taxation allowances by a taxing officer and statutory review/further review under s19A(5)-(6); (d) the proper scope of costs recoverable under ss9, 11, 15-17 (particularly the interplay of taxed costs, costs taxed at the instance of a party, and the limits on aggregates); (e) whether a certificate has become ineffective under s13 or vacated under s12; and (f) recovery actions for repayments under s13(4)-(5).

• Where disputes about the Fund’s payments arise, the Act provides administrative and civil routes: taxation review by taxing officers (s19A(5)) and further judicial review by a judge (s19A(6)), and recovery proceedings for debts (s13(4)-(5)). That framework channels legal contest into the courts and taxation processes, but the supplied text does not report any resulting judgments.

Recommendation for practitioners

• To establish precedent or locate interpretative guidance, practitioners must search Tasmanian superior court decisions, taxation officer decisions and any reported judgments that have applied ss7-19A. Since the supplied statutory extract contains no litigation history, research databases and court repositories should be consulted to find how courts have construed discretionary factors under s14, Registrar decisions under s7, and taxation issues under s19A.

The Act contains several procedural traps and limiting rules that frequently catch practitioners and administrators if not carefully observed.

• Indemnity certificate has no immediate effect while appeal windows run or related appeals pend. Section 13(1) and (2) make an indemnity certificate ineffective during the time limited for appeal and until leave is sought or expires. For appellants, there is an express 3‑month waiting period after determination of the first appeal in some circumstances (s13(2)(b)(ii)). Practitioners who assume immediate effect and seek payment too early will be denied until those conditions are satisfied.

• Vacatur in sequences. Certificate entitlements can be vacated where later appeals alter the outcome in sequence contexts (s12). If appeals are sequentially linked, a certificate granted on one appeal can be vacated by outcomes in later appeals (s12(1)-(2)). Track sequences carefully before applying for or relying on payments.

• Caps and regulation-made maxima. Section 11(2) fixes a $300 limit for appellant indemnity certificates under s10, but s7A allows regulations to prescribe the maximum payable generally. The statutory maximums in subordinate instruments may materially reduce the payable quantum. Always check current regulations and the prescribed fee schedule (s5, s5A-5B).

• Fund insufficiency and pro rata payments. Payments are scheduled quarterly and, if claims exceed the Fund, are paid rateably (s7(3)-(4)). Claimants may not receive full recovery in a quarter if the Fund lacks liquidity or surplus. Unpaid claims can be carried for up to five financial years to be met proportionally from credit balances (s7(5)). Practitioners should not assume prompt full reimbursement.

• Taxation gate. No payment out of the Fund is to be made unless an itemised bill is taxed by a taxing officer of the Supreme Court (s19A(1)). Delays in taxation, disputes over allowances, or failure to submit a proper itemised bill will block payment.

• Taxing fees and calculation of maxima. Although a taxing fee imposed under s19A(3)-(4) is payable from the Fund, it must be disregarded when calculating maximum payments under the Act (s19A(4)(c)). Practically, the Fund bears the cost of taxation fees in addition to substantive allowances, potentially affecting net payout.

• Repayment risk where later appeals succeed. Amounts paid may be recoverable by the Registrar where the appellant subsequently participates in a successful appeal against the decision (s13(4)) or where a respondent gave an undertaking and later appeals (s13(5)). Parties receiving payments should understand the contingency and preserve funds if further appeals are foreseeable.

• The Crown is excluded. Section 19(2) prevents indemnity certificates in favour of the Crown. Litigants against Crown entities need to be aware that the Crown cannot access indemnities even where otherwise similar private parties could.

• Financial flows depend on multiple agencies. Some revenue flows to the Fund depend on external bodies and administrative routines: proper officers (s6), the Director, MPES (s6A), Workplace Safety Board and Asbestos Commissioner payments (ss5A-5B). Delays, reporting errors, or policy changes in those agencies can disrupt the Fund’s cash flow.

• Definitions matter. The Act’s definition of “costs” excludes costs incurred in a court of first instance except where expressly provided (s2). Entitlements therefore generally relate to appellate costs and specified pre-appellate taxation costs. Practitioners must ensure the costs claimed fall within the Act’s definition.

• Discretion and non-appealability of some decisions. Courts have broad discretion to grant, refuse or limit indemnities and may have regard to conduct (s14(1)-(3)). Decisions under s14 are not appealable (s14(4)). That places a practical premium on persuasive advocacy at first instance because appellate review is precluded.

• Regulations and forms. The Act delegates much detail to regulations and to forms approved by the Attorney-General (s19B, s20). The absence of a prescribed form, or reliance on an out-of-date form, can produce procedural delay. Check current forms and regulations.

In sum, timing, sequence of appeals, taxation, regulatory maximums, and the Registrar’s certification are the principal operational pitfalls. Effective practice requires anticipation of later appeals, a careful costs taxation strategy, and attention to the cash-flow consequences of the Fund’s quarterly disbursement and rateable payment rules.

This section gives concrete steps and checklists for parties, legal practitioners, courts and court officers to comply with statutory duties and to access entitlements under the Act. Each step points to the controlling provision in the Act.

For parties seeking an indemnity certificate or entitlement to Fund payments

1. Determine eligibility before applying. Check the statutory ground for an indemnity certificate or entitlement: s8 for respondents whose appeals succeed to the Supreme Court/Full Court/High Court; s10 for successful appellants in summary-justice or criminal contexts (subject to the legal-aid exclusion); ss15-17 for abortive proceedings, new trials and infant-compromise situations. Confirm the appeal is not from proceedings begun before the Act (s19(1)) and that the Crown is not involved (s19(2)).

2. Apply to the correct court and on proper basis. Applications for indemnity certificates are made to the court that heard the appeal; the court exercises discretion and may limit indemnity based on conduct (s14(1)-(3)). There is no appeal from s14 decisions (s14(4)).

3. Observe timing constraints. An indemnity certificate has no effect while the time for further appeal runs or related appeals are pending (s13(1)-(2)). Where applicable, await the expiration of statutory appeal windows, the determination of leave to appeal, or the lodging of the prescribed undertaking before seeking payment.

4. Prepare an itemised bill and submit for taxation. No payment is authorised unless an itemised bill is submitted and taxed by a Supreme Court taxing officer (s19A(1)). Ensure the bill is accurate, compliant with Rules of Court on costs and the taxing officer’s directions. Anticipate charging for and funding any taxing fee, which is payable from the Fund but disregarded in maxima (s19A(3)-(4)).

5. Use the taxation review pathway if dissatisfied. If the taxing officer disallows items, apply for the officer to review (s19A(5)). If still dissatisfied, apply to a judge for further review as provided (s19A(6)).

6. When taxation is finalised, deliver the Registrar the indemnity certificate and the taxed bill. The Registrar will issue a payment certificate only when satisfied that payment is authorised and that statutory claim procedures are complied with (s7(1)-(2)). Expect quarterly timing for payment (s7(3)) and possible rateable payment if funds are insufficient (s7(4)).

For respondents/appellants who may need to repay

• Retain a contingency. If circumstances exist where later appeals could render a certificate ineffective (s12-13), preserve liquidity or escrow amounts to meet potential demands from the Registrar under s13(4)-(5).

For courts and judicial officers

• When assessing indemnity applications, record reasons and consider conduct. Under s14(3), courts may regard any matter, particularly the applicant’s conduct; good practice is to record findings addressing these factors. Remember decisions under s14 are not appealable (s14(4)).

• Issue certificates for abortive proceedings and new trials only where the statutory prerequisites are satisfied and ensure certificates state the reasons required by s15(1)(c)(i)-(ii).

For proper officers and registrars

• Collect, record and remit prescribed fees. Proper officers must prepare quarterly statements in the prescribed form and transmit them with funds to the Registrar by the statutory dates (s6(1)-(2)); regulations may specify recordkeeping (s6(3)). The Registrar must lodge funds into the Fund (s6(2)) and may invest consistent with trust investment law (s3(6)-(7)).

• Manage quarterly payments and communicate to claimants. Payments are made in January, April, July and October (s7(3)). If claims exceed the Fund, pay rateably and communicate any shortfall and timing expectation (s7(4)-(5)). Maintain records to allocate credit balances to unsatisfied claims of the previous five years as required (s7(5)).

• Comply with MPES and tribunal reporting arrangements. Ensure the Director, MPES forwards fees under s5(2) to the Registrar (s6A). Coordinate with the Registrar of the Tribunal to provide statements for the Workplace Safety Board and the Asbestos Compensation Commissioner and ensure received prescribed amounts are handled (ss5A-5B).

For taxing officers and the legal profession

• Follow the Rules of Court when taxing and charge the taxing fee according to Rules (s19A(4)(a)).

• Keep detailed billing records so that the taxing officer can assess necessity and proportionality under s19A(2) and facilitate potential review applications under s19A(5).

Regulatory and practical checks

• Check current regulations and prescribed fees. The Act leaves fees and maximums to regulation (s5, s7A, s20). Verify current prescribed fee amounts and maximum payable under the regulations before advising clients.

• Use approved forms. The Attorney-General approves forms for the Act (s19B), so use current approved forms for statements, remittances and applications.

• Coordinate with other agencies. Where Workers Rehabilitation and Compensation Act or Asbestos Compensation processes intersect, ensure proper statements are produced to trigger prescribed payments from those bodies (ss5A-5B).

• Advising clients on strategy. When advising litigants about pursuing appeals or applying for indemnity certificates, consider certificate timing (s13), vacatur risk in sequences of appeals (s12), the taxation gate (s19A(1)), and possible caps/regulatory maxima (s7A, s11(2)). Where the Crown is a party, advise that indemnity certificates are not available (s19(2)).

Checklist for a successful Ministerial/Registrar claim audit trail

• Confirm statute grants entitlement or court has issued indemnity certificate (s8, s10, s15-17).

• Prepare and lodge itemised bill and complete taxation by a Supreme Court taxing officer (s19A(1)-(2)).

• Obtain the court’s indemnity certificate or judicial authority required for the claim (ss8, 10, 15).

• Submit taxed bill, certificate and any prescribed forms to the Registrar; ensure any undertakings or notices required under s13 are lodged if needed.

• Await Registrar certification and quarterly payment date (s7(1)-(3)). If Fund insufficient, account for rateable distribution (s7(4)).

• Retain records to respond to potential Registrar repayment demands under s13(4)-(5).

Following these procedural and administrative steps aligns practice with the Act’s statutory requirements and minimises the risk of blocked or later-recoverable payments.