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).
This regulation sets the administrative and documentary framework for claims on the Appeal Costs Fund established by the Act. It prescribes the form and supporting documents that must accompany applications under section 14A of the Act (sec 3), the specific documentary requirements for three distinct types of claimed payments (indemnity-certificate claims, claims under s 22 of the Act, and claims under s 23 of the Act , secs 4-6), and procedural powers and limits for the Fund’s board when processing those applications (secs 7-9). It also prescribes fees for certain board members (sec 10), rules for rounding amounts expressed in fee units (sec 11), monetary caps on particular categories of payments from the fund (sec 12), and transitional rules for applications that were pending at commencement (secs 14-16). The regulation commences on 1 July 2024 (sec 2) and expressly repeals the Appeal Costs Fund Regulation 2010 (sec 13).
Mechanically, the regulation does the following:
Makes submission of an approved form mandatory for applications under s 14A of the Act and ties the content of applications to annexed documents listed in parts 2 and relevant transitional provisions (sec 3).
Lists the precise documents required depending on the statutory basis for the payment claimed: indemnity certificates (sec 4), payments authorised under s 22 of the Act (sec 5), and payments authorised under s 23 of the Act (sec 6). Those lists include itemised bills of costs, copies of orders, transcripts, receipts, cost agreements, disclosures of barrister fees and affidavits or statutory declarations.
Gives the board an express information‑gathering power: written notices requiring further information (sec 7), and a power to request court files from a proper officer, subject to a non‑interference limit (sec 9).
Current sections
Direct links to the current provisions in Appeal Costs Fund Regulation 2024.
22
pt.1
Preliminary
Preliminary
sec.1
Short title
sec.1 Short title
This regulation may be cited as the Appeal Costs Fund Regulation 2024 .
sec.2
Commencement
sec.2 Commencement
This regulation commences on 1 July 2024.
pt.2
Claim of payment from fund
Claim of payment from fund
sec.3
Form and content of application for certificate for payment from fund
sec.3 Form and content of application for certificate for payment from fund
An application made under section 14A of the Act must—
be in the approved form; and
be accompanied by—
if the application is a claim for a payment authorised by an indemnity certificate—the documents mentioned in section 4 ; or
if the application is a claim for a payment authorised under section 22 of the Act —the documents mentioned in section 5 ; or
if the application is a claim for a payment authorised under section 23 of the Act —the documents mentioned in section 6 .
(a) be in the approved form; and
(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 .
(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 .
(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 .
sec.4
Documents to accompany claims for payments authorised by indemnity certificates
sec.4 Documents to accompany claims for payments authorised by indemnity certificates
For section 3 (b) (i) , the documents are—
the indemnity certificate; and
any order relating to costs claimed in the application; and
an itemised bill of costs for any costs, other than costs to which paragraph (b) applies, claimed in the application; and
a copy of any court order, other than an order mentioned in paragraph (b) , the applicant intends to rely on for the application; and
a copy of any document evidencing the payment of costs claimed in the application; and
an affidavit or statutory declaration stating any other information the applicant intends to rely on for the application.
(a) the indemnity certificate; and
(b) any order relating to costs claimed in the application; and
(c) an itemised bill of costs for any costs, other than costs to which paragraph (b) applies, claimed in the application; and
(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
(e) a copy of any document evidencing the payment of costs claimed in the application; and
(f) an affidavit or statutory declaration stating any other information the applicant intends to rely on for the application.
sec.5
Documents to accompany claims for payments authorised by Act , s 22
sec.5 Documents to accompany claims for payments authorised by Act , s 22
For section 3 (b) (ii) , the documents are—
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
an itemised bill of costs, related to a proceeding mentioned in section 22 (2) of the Act (the proceeding ), that—
states all of the applicant’s costs relating to the proceeding, including, for example, any new trial ordered; and
identifies each cost that was thrown away or partly thrown away; and
a copy of any costs agreement between the applicant and the applicant’s solicitor related to the proceeding; and
a copy of any disclosure of costs stating the cost incurred by the applicant for retaining a barrister for the proceeding; and
a copy of any order to pay additional costs of a new trial; and
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
an affidavit or statutory declaration stating any other information the applicant intends to rely on for the application.
(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
(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
(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
(c) a copy of any costs agreement between the applicant and the applicant’s solicitor related to the proceeding; and
(d) a copy of any disclosure of costs stating the cost incurred by the applicant for retaining a barrister for the proceeding; and
(e) a copy of any order to pay additional costs of a new trial; and
(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
(g) an affidavit or statutory declaration stating any other information the applicant intends to rely on for the application.
(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
sec.6
Documents to accompany claims for payments authorised by Act , s 23
sec.6 Documents to accompany claims for payments authorised by Act , s 23
For section 3 (b) (iii) , the documents are—
a copy of the order for a new trial; and
for a claim for a payment authorised under section 23(1) of the Act —
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
a copy of any order for costs mentioned in section 23 (1) (a) of the Act ; and
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
an itemised bill of costs for any costs, other than costs to which paragraph (c) applies, claimed in the application; and
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
a copy of any disclosure of costs stating the cost incurred by the applicant for retaining a barrister for the proceeding; and
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
if the payment is authorised under section 23 (2) (a) of the Act —
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
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
an affidavit or statutory declaration stating any other information the applicant intends to rely on for the application.
(a) a copy of the order for a new trial; and
(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
(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
(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
(d) an itemised bill of costs for any costs, other than costs to which paragraph (c) applies, claimed in the application; and
(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
(f) a copy of any disclosure of costs stating the cost incurred by the applicant for retaining a barrister for the proceeding; and
(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
(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
(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
(i) an affidavit or statutory declaration stating any other information the applicant intends to rely on for the application.
(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
(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
pt.3
Provisions about board
Provisions about board
sec.7
Board may request further information
sec.7 Board may request further information
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 .
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.
If the notice does not state a way in which the information must be given, the applicant must give the information in writing.
If the applicant does not comply with the notice, the board may refuse to grant the application.
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.
(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 .
(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.
(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.
(sec.7-ssec.4) If the applicant does not comply with the notice, the board may refuse to grant the application.
(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.
(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
(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
(b) may state a way in which the information must be given.
(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
sec.8
Certificates of board
sec.8 Certificates of board
A certificate of the board, issued under section 14 of the Act , must—
be in the approved form; and
be signed by—
the chairperson; or
another member of the board authorised by the board to sign the certificate; and
state—
the name of the person to whom the certificate is issued; and
the amount the person is entitled to be paid from the fund; and
whether the payment is to be made to the person or the person’s solicitor; and
See section 25 of the Act .
the amount is authorised to be paid out of the fund.
(a) be in the approved form; and
(b) be signed by— (i) the chairperson; or (ii) another member of the board authorised by the board to sign the certificate; and
(i) the chairperson; or
(ii) another member of the board authorised by the board to sign the certificate; and
(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.
(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.
(i) the chairperson; or
(ii) another member of the board authorised by the board to sign the certificate; and
(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.
sec.9
Board may request proper officer to give documents
sec.9 Board may request proper officer to give documents
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.
The request must—
be in writing; and
state the file or document required.
The proper officer must comply with the request if doing so is unlikely to interfere with a current or pending proceeding before the court.
(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.
(sec.9-ssec.2) The request must— be in writing; and state the file or document required.
(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.
(a) be in writing; and
(b) state the file or document required.
pt.4
Fees
Fees
sec.10
Prescribed fees— Act , s 6 (6)
sec.10 Prescribed fees— Act , s 6 (6)
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.
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.
(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.
(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.
sec.11
Rounding of amounts expressed as numbers of fee units
sec.11 Rounding of amounts expressed as numbers of fee units
This section applies for working out the amount of a fee expressed in this regulation as a number of fee units.
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.
(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.
(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.
(a) if the result is not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or
(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).
pt.5
Miscellaneous
Miscellaneous
sec.12
Prescribed limits on amounts payable
sec.12 Prescribed limits on amounts payable
For section 20C (2) of the Act , the prescribed amount is $15,000.
For section 20E (2) of the Act , the prescribed amount is $15,000.
For section 23 (2) (c) of the Act , the prescribed amount is $15,000.
For section 24 (2) (c) of the Act , the prescribed amount is $15,000.
(sec.12-ssec.1) For section 20C (2) of the Act , the prescribed amount is $15,000.
(sec.12-ssec.2) For section 20E (2) of the Act , the prescribed amount is $15,000.
(sec.12-ssec.3) For section 23 (2) (c) of the Act , the prescribed amount is $15,000.
(sec.12-ssec.4) For section 24 (2) (c) of the Act , the prescribed amount is $15,000.
sec.13
Repeal
sec.13 Repeal
The Appeal Costs Fund Regulation 2010 , SL No. 235 is repealed.
pt.6
Transitional provisions
Transitional provisions
sec.14
Undecided applications
sec.14 Undecided applications
This section applies in relation to an application made under section 14A of the Act , but not decided, before the commencement.
This regulation applies in relation to the application.
However, the board must not refuse to grant the application merely because the application was not accompanied by a document required under part 2.
(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.
(sec.14-ssec.2) This regulation applies in relation to the application.
(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.
sec.15
Additional documents to accompany particular applications
sec.15 Additional documents to accompany particular applications
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 .
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.
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 .
(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 .
(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.
(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 .
(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;
(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.
sec.16
References to repealed regulation
sec.16 References to repealed regulation
In a document, a reference to the repealed regulation may, if the context permits, be taken as a reference to this regulation.
In this section—
repealed regulation means the repealed Appeal Costs Fund Regulation 2010 .
(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.
(sec.16-ssec.2) In this section— repealed regulation means the repealed Appeal Costs Fund Regulation 2010 .
Source text: opening excerpt
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
pt.1 Preliminary
Preliminary
sec.1 Short title
sec.1 Short title
This regulation may be cited as the Appeal Costs Fund Regulation 2024 .
sec.2 Commencement
sec.2 Commencement
This regulation commences on 1 July 2024.
pt.2 Claim of payment from fund
Claim of payment from fund
sec.3 Form and content of application for certificate for payment from fund
sec.3 Form and content of application for certificate for payment from fund
An application made under section 14A of the Act must—
be in the approved form; and
be accompanied by—
if the application is a claim for a payment authorised by an indemnity certificate—the documents mentioned in section 4 ; or
if the application is a claim for a payment authorised under section 22 of the Act —the documents mentioned in section 5 ; or
if the application is a claim for a payment authorised under section 23 of the Act —the documents mentioned in section 6 .
(a) be in the approved form; and
(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 .
(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 .
(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 .
sec.4 Documents to accompany claims for payments authorised by indemnity certificates
sec.4 Documents to accompany claims for payments authorised by indemnity certificates
Specifies how certificates issued by the board under s 14 of the Act must look, including signatory formalities and what must be stated on the certificate (sec 8).
Prescribes fees for non‑public‑service board members via schedule 1 (sec 10), together with GST treatment and rounding rules for fee‑unit calculations (sec 11).
Fixes prescribed monetary limits of $15,000 for payments referenced to several provisions of the Act (sec 12).
Provides transitional measures for undecided applications and for claims continuing under a repealed former provision (secs 14-15).
The regulation therefore converts several discretionary and evidential steps into mandatory documentary and process requirements, establishes administrative mechanics for board decision‑making and enforcement of documentation, and fixes numerical limits and fee mechanics relevant to operation of the Fund.
Main concepts
The regulation operationalises a discrete set of administrative concepts that translate statutory payment authorisations in the Act into an evidence and process regime. The principal concepts are: approved form, supporting documentary packages tied to the statutory head of claim, the board’s document and information powers, certification of entitlements, fees payable to non‑public members, rounding of fee‑unit calculations, prescribed monetary caps, repeal/transition mechanics and cross‑references to the Act.
Approved form: Section 3 makes the approved form mandatory for any application made under s 14A of the Act. The regulation does not publish the approved form itself in the text provided, but it makes the form a gatekeeper to any claim. That shifts a first‑line compliance obligation onto applicants (sec 3).
Documentary packages: The regulation divides claims into three categories aligned with the Act’s payment heads and specifies a check‑list of documents for each:
Indemnity‑certificate claims (sec 4): require the indemnity certificate itself, any relevant cost order, an itemised bill for other costs, copies of relied‑on court orders, proof of payment, and an affidavit or statutory declaration containing any additional relied material.
Claims under s 22 of the Act (sec 5): require orders/transcripts/certificates that establish the s 22(2) circumstance, an itemised bill that gives comprehensive and thrown‑away costs detail, cost agreements, cost disclosure documents for barristers, orders for additional costs of a new trial, receipts evidencing payment, and an affidavit/SD.
Claims under s 23 of the Act (sec 6): require a new‑trial order, transcript of grounds if the order omits them, any order for costs mentioned in s 23(1)(a), any assessment by a proper officer, an itemised bill, cost agreement, disclosure of barrister costs, receipts evidencing payment, plus additional receipts/affidavits if the payment sought is authorised under s 23(2)(a).
These lists convert evidential questions into binary checklist items to be produced for adjudication (secs 4-6).
Board information and court‑file access: The board may request further information by written notice using a minimum 20‑day period for response, may state the required format, and may refuse the application for non‑compliance (sec 7). The board may also request files or documents from a court’s proper officer in writing; the proper officer must comply unless compliance is likely to interfere with a current or pending court proceeding (sec 9). Those powers define the board’s investigatory bandwidth and the court’s check on information disclosure.
Certificates: Certificates issued under s 14 of the Act must be in the approved form, signed by the chairperson or an authorised board member, and must state the recipient’s name, the amount payable, whether payment goes to the person or the person’s solicitor, and that the amount is authorised to be paid out of the fund (sec 8). The regulation expressly cross‑references s 25 of the Act in that context (sec 8 note).
Fees and rounding: Section 10 prescribes fees for board members who are not public service officers by reference to schedule 1 and requires an increase for GST where applicable. Section 11 sets rounding rules for converting fee units to dollars (nearest 5 cents when ≤ $100; nearest 10 cents when > $100 but ≤ $1,000), with an example given (sec 11).
Monetary caps: Section 12 prescribes a $15,000 amount for the purposes of several Act provisions (ss 20C(2), 20E(2), 23(2)(c) and 24(2)(c)). Those caps will directly limit recoveries in the relevant heads of payment.
Transition and repeal: The regulation commences on 1 July 2024 (sec 2), repeals the 2010 regulation (sec 13), and carries transitional rules ensuring the new regulation governs pending s 14A applications but prohibits refusal merely because older required documents were not supplied (sec 14). Additional documentary requirements apply for claims continuing under the former s 16 of the Act (sec 15). Documents may treat references to the repealed regulation as references to this regulation if context permits (sec 16).
These concepts together create a structured compliance architecture: a mandatory submission format, compartmentalised documentary thresholds tied to statutory heads, a bounded investigatory power for the board, administrative certification norms, fee mechanics, monetary ceilings and transitional continuity with the repealed regulation.
Who it affects
Primary actors:
Applicants under s 14A of the Act: The regulation directly governs any person who applies to the board for payment from the Appeal Costs Fund under s 14A. It changes what those applicants must file (sec 3) and imposes specific documentary obligations depending on the statutory basis of their claim (secs 4-6). Applicants bear the burden of assembling itemised bills, orders, receipts and affidavits or statutory declarations.
The board administering the Fund: The board gains explicit powers to request further information (sec 7), to request court files from proper officers (sec 9), and to issue certificates in a prescribed form (sec 8). The board also gains discretion to refuse applications for non‑compliance with information notices (sec 7(4)).
Non‑public service members of the board: These individuals will be eligible for prescribed fees set out in schedule 1 (sec 10). The regulation therefore affects their remuneration and GST treatment (sec 10(2)).
Proper officers of courts: Proper officers are required to comply with written requests for files or documents from the board unless compliance is likely to interfere with a current or pending proceeding (sec 9). That creates a conditional disclosure obligation for court administrative officers.
Solicitors and barristers connected to the applicant: The regulation requires production of cost agreements, itemised bills and disclosures of barrister costs (secs 4-6). Solicitors will likely be the recipients of payments where the certificate states payment is to be made to “the person or the person’s solicitor” (sec 8(c)(iii)), so they may be affected in how funds are disbursed.
Respondents to motions/new trials and respondents to appeals where former s 16 applies: The regulation requires receipts evidencing payment by or on behalf of such respondents when relevant (secs 6(h), 15). Where a payment is sought on the basis that an opposing party failed to pay required costs, the applicant must provide affidavits/statutory declarations explaining the alleged non‑payment (secs 6(i), 15(b)).
Entities preparing or checking compliance: Accountants, forensic costs assessors and paralegals who prepare itemised bills and cost disclosures will have to adapt to the regulation’s particular itemisation requirements, for example identifying costs that were “thrown away or partly thrown away” in s 22 claims (sec 5(b)).
Secondary effects on institutions:
Courts: The board’s power to ask proper officers for files may alter administrative interactions between courts and the Fund (sec 9). Compliance is limited to avoid interference with active proceedings, so courts retain procedural protection.
The Fund’s financial management: Prescribed $15,000 limits on several payment categories (sec 12) will influence the Fund’s exposure and the scale of amounts for which applicants may seek reimbursement.
Parties and lawyers in litigation: The requirement to disclose detailed cost agreements and barrister cost disclosures (secs 5(c), 5(d), 6(f), 6(g)) makes pre‑existing commercial arrangements relevant to claims on the Fund.
Who pays and who receives: The regulation does not itself create new taxes or levies but prescribes how the Fund’s board makes payments (sec 8). It prescribes fees payable to certain board members (sec 10). Recipients of Fund payments will be either the successful applicant or the applicant’s solicitor as the certificate directs (sec 8(c)(iii)). The source of payments is the Appeal Costs Fund as authorised by the Act; section 8 includes a note pointing to s 25 of the Act in relation to authorisation (sec 8 note).
Geographic and temporal scope: The regulation commences nationwide on 1 July 2024 (sec 2) and expressly replaces the 2010 regulation (sec 13). It applies to undecided s 14A applications made before commencement, but with the concession that the board must not refuse solely because the old documents required under part 2 were absent (sec 14).
In sum, the regulation primarily affects applicants, the board, court proper officers and legal practitioners involved in costs, by specifying documentary regimes, administrative processes and monetary limits.
Key duties and rights
This regulation creates specific duties for applicants, the board, proper officers, and certain categories of board members, while creating rights to request extensions and protections for pending court proceedings. The duties and rights are specified in multiple sections and operate together to structure decision‑making.
Duties of applicants:
Use an approved form for any application made under s 14A of the Act (sec 3).
Accompany the application with the documents specified for the relevant category of claim: indemnity certificate claims (sec 4), claims under s 22 (sec 5), claims under s 23 (sec 6). These lists include production of the indemnity certificate, itemised bills of costs, cost agreements, cost disclosures for barristers, receipts or other proof of payment and affidavits/statutory declarations stating additional information (secs 4-6).
If the board issues a written notice asking for further information, comply within the time specified by the notice (not earlier than 20 days after service) or request an extension (sec 7(2)(b)(ii)-(iii), sec 7(5)). Failure to comply permits the board to refuse the application (sec 7(4)).
For certain claims (for example those continuing under former s 16 of the Act), applicants must produce additional receipts or affidavits concerning respondent payments or failures to pay (sec 15).
Rights of applicants:
Applicants may request that the board extend the time specified in a notice for supplying further information (sec 7(2)(b)(iii); sec 7(5)).
For applications undecided before commencement, applicants benefit from a protective rule: the board must not refuse an application merely because it was not accompanied by a document required under part 2 (sec 14(3)). This gives a limited exemption for in‑flight matters.
The board may on its own initiative extend any period for compliance with its information notice (sec 7(5)), implying a degree of procedural flexibility available to applicants.
Duties of the board:
Issue certificates that conform to the approved form and contain specified particulars; ensure certificates are signed by the chairperson or a board member authorised by the board (sec 8).
When a board requires further information, the written notice must state the information required, set the minimum 20‑day response period, advise that the applicant may request an extension, and warn that refusal may follow non‑compliance (sec 7(2)). The board may also specify the format in which the information must be given (sec 7(2)(b)(v); sec 7(3)).
The board may request files or documents from a proper officer of a court for the purpose of performing its function (sec 9(1)-(2)). The board must make such requests in writing and identify the documents sought (sec 9(2)).
Rights/duties of proper officers:
Proper officers must comply with a written request for files or documents unless compliance is likely to interfere with a current or pending proceeding before the court (sec 9(3)). This creates a duty to produce unless there is a reasonable risk of interference.
Duties and rights related to fees:
Fees stated in schedule 1 are prescribed for members of the board who are not public service officers; where GST applies the fee must be increased to account for GST (sec 10). This is a duty on the Fund or paying entity to treat GST correctly in paying such fees.
Rounding rules apply when converting fee units to dollar amounts (sec 11). This is a directive duty for calculation and payment.
Limits and certificates:
Certificates must state whether the payment is to be made to the person or the person’s solicitor, and must state that the amount is authorised to be paid from the fund (sec 8). That operates as a duty to make a clear payment instruction and a public statement of authorisation tied to the Act (note to sec 8 references s 25 of the Act).
Transitional duties:
For undecided applications made before commencement, the new regulation applies but the board must not refuse solely due to missing documents required under part 2 (sec 14). For claims relying on former s 16 the applicant must provide certain receipts and possibly an affidavit regarding non‑payment (sec 15).
Enforcement rights:
The board has a procedural right to refuse applications that fail to comply with its information notices (sec 7(4)) and an administrative right to request documents from courts subject to non‑interference with court proceedings (sec 9(3)).
Documentary specificity imposes an evidential duty on applicants and their advisers to assemble particular items (itemised bills and cost agreements, for example) while the board gains the right to require further information with a minimum statutory grace period and to refuse non‑compliant claims. The regulation therefore makes some previously consultative steps compulsory and sets formal mechanics for administrative decision‑making.
Penalties and enforcement
The regulation itself primarily prescribes documentary and procedural requirements and administrative powers rather than creating direct criminal penalties or fines within its text. Enforcement is achieved through administrative mechanisms available to the board and through the Act’s payment and certificate framework, rather than by setting out offences or monetary penalties in the regulation.
Administrative enforcement mechanisms in the regulation:
Refusal on non‑compliance: The board may refuse to grant an application if the applicant does not comply with a written notice for further information (sec 7(4)). That is an explicit remedial enforcement mechanism; non‑compliance can result in denial of access to the Fund.
Conditional document requests to proper officers: The board may request court files or documents from a proper officer (sec 9(1)-(2)). Compliance by the proper officer is mandatory unless it would likely interfere with a current or pending proceeding (sec 9(3)). The regulation does not provide a penalty for a proper officer who refuses in the absence of interference, but the statutory duty to comply is established.
Prescribed form and content for certificates: Section 8 requires that a certificate of the board is in the approved form, signed by the chairperson or an authorised member, and contains specified statements. Incorrectly executed certificates would be procedurally defective and could be subject to internal administrative correction; while the regulation does not impose a penalty, it binds the board to operate through properly formed instruments (sec 8).
Indirect enforcement through financial mechanics:
Payment is controlled by certificate: Payments from the fund require a certificate under s 14 of the Act and the certificate must state that the amount is authorised to be paid from the fund (sec 8). The central enforcement consequence is that incorrect or insufficiently evidenced claims will not obtain a certificate and therefore will not result in payment.
Fee payment and GST: Section 10 requires that fees payable for supplies on which GST is payable be increased to account for GST. Failure to account for GST would create a tax‑treatment error for the paying authority, but the regulation itself does not prescribe a sanction for non‑compliance.
Absence of criminal sanctions or civil penalty provisions in the regulation:
The regulation contains no express offences, pecuniary penalties, or enforcement provisions beyond administrative refusals and documentary obligations. It therefore relies on the board’s implementation power and the Act’s wider enforcement or legal consequences (for example, any Act provisions about false statements in applications), which are not reproduced in the regulation. Users should look to the Act for any criminal or civil penalties tied to applications or misrepresentations.
Practical enforcement risks and remedies:
Administrative refusal is the primary enforcement lever: applicants risk having an application refused for non‑compliance with documentary or information notices (sec 7(4)).
Judicial remedies for refusal: The regulation does not set appeal routes or merits review mechanisms. If an applicant considers a board refusal unlawful, relief would depend on the Act’s review provisions or general judicial review under public law, neither of which are specified in this regulation. Practitioners should check the Act for internal review or appeal routes tied to decisions under s 14A and s 14.
Court interference protection limits board access to files: Proper officers are not obliged to comply where complying would likely interfere with a current or pending proceeding (sec 9(3)). That provides a safeguard for court processes, but also limits the board’s enforcement reach.
In summary, the regulation enforces compliance mainly by making documentary requirements conditions of entitlement and by empowering the board to refuse non‑compliant applications and to obtain supporting court materials (subject to non‑interference). The regulation does not itself create penal offences or civil penalty regimes; it relies on administrative refusal and the Act’s broader legal architecture to prevent and remedy misuse.
How it interacts with other laws
The regulation is explicitly designed to work alongside the Act and the existing court procedures it references. It repeatedly cross‑refers to provisions of the Act and to court administrative roles, and it contains transitional references to a formerly repealed provision and a predecessor regulation. The regulation does not amend substantive rights in the Act; instead it prescribes procedural and evidential rules that govern applications made under the Act.
Direct interactions with the Act:
Reliance on s 14A of the Act: Section 3 applies to applications made under s 14A of the Act and prescribes form and documentary requirements. The regulation thereby operationalises how applications under that statutory head must be presented.
Certificate mechanics under s 14 and s 25 of the Act: Section 8 prescribes the content and execution of the board’s certificate issued under s 14 of the Act and includes a note to s 25 of the Act, signalling interplay between certification, authorisation to pay from the fund, and disbursement mechanics (sec 8).
Claims tied to s 22 and s 23 of the Act: Sections 5 and 6 are designed to supplement the Act’s payment authorisations under s 22 and s 23 by requiring documentary proof of the circumstances relied on in those provisions (secs 5-6). The regulation thereby sets an evidentiary standard for statutory payment heads.
Monetary caps referenced to Act provisions: Section 12 prescribes $15,000 for the purposes of s 20C(2), s 20E(2), s 23(2)(c) and s 24(2)(c) of the Act (sec 12). This is a direct numeric implementation affecting the quantum permitted by those specified Act provisions.
Interaction with court administration:
Proper officers of courts: Section 9 creates a statutory pathway for the board to request files or documents from proper officers of a court and obliges compliance unless interference with a current or pending proceeding is likely (sec 9). That creates an interface between the Fund’s administrative process and court records, but preserves court procedural integrity.
GST and taxation law:
GST treatment for fees: Section 10(2) requires fees prescribed in schedule 1 be increased where GST applies. That provision requires the board or paying authority to treat those fees in conformity with GST law and the Acts Interpretation Act when making payments (sec 10). It aligns the Fund’s fee payments with general taxation principles.
Acts Interpretation Act and fee units:
Section 11 refers directly to the Acts Interpretation Act 1954, s 48C(3), for rounding of fee‑unit calculations and prescribes rounding rules (sec 11). This is an example of the regulation operating within existing interpretative statutory mechanics.
Predecessor regulation and amendment Acts:
Repeal of 2010 regulation: Section 13 repeals the Appeal Costs Fund Regulation 2010, removing the prior subordinate legislative instrument and replacing it with the present regulation (sec 13).
Transitional interaction with amendments to the Act: Section 15 refers to the “former” version of s 16 of the Act and to the Justice and Other Legislation Amendment Act 2023, part 3, division 1, for the continued application of former s 16 (sec 15(1)-(3)). That provision clarifies how claims that rely on an earlier statutory regime are to be treated.
Limits and links not supplied in the regulation:
The regulation does not reproduce the operative text of the Act’s payment heads, review processes, or any criminal or civil sanction provisions. It prescribes processes that reference the Act; to understand substantive entitlements, appeal rights, or offences related to misrepresentation, one must consult the Act itself.
The certificate provision’s note to s 25 of the Act (sec 8) signals an interaction with internal authorisation provisions for disbursement, but the regulation does not set its own disbursement rules other than the certificate format.
Documentary continuity:
Section 16 permits documents referencing the repealed regulation to be read as references to this regulation where the context allows (sec 16). That reduces transitional friction for documents, contracts or procedural documentation that still cite the old regulation.
Overall, this regulation primarily interfaces with the Act by turning statutory payment heads into document‑and‑process regimes, interfaces with court administration by conditioning access to files on non‑interference, and aligns fee treatment with GST and the Acts Interpretation Act. Substantive rights and remedies that lie elsewhere in the Act or other statutes remain external but consequential to how the regulation operates in practice.
Amendment history
This instrument contains its own limited amendment and transition architecture. It is a self‑contained regulation rather than an amending regulation purporting to vary another subordinate instrument. Nonetheless the text signals change and continuity relative to earlier instruments and to recent legislative amendments.
Commencement and repeal:
Commencement: The regulation commences on 1 July 2024 (sec 2). This is the operative date from which the documentary requirements, board powers and prescribed amounts take effect.
Repeal: Section 13 expressly repeals the Appeal Costs Fund Regulation 2010, SL No. 235 (sec 13). The present regulation replaces that earlier subordinate instrument. Section 16 assists transition by permitting references to the repealed regulation in documents to be taken as references to this regulation where context permits (sec 16).
Interaction with recent Acts:
Section 15 explicitly references the Justice and Other Legislation Amendment Act 2023, part 3, division 1, to define “former” for the purposes of a provision of the Act and to provide continued application of the former s 16 of the Act for certain claims (sec 15(1), (3)). That indicates the regulation was drafted after that amending Act altered the Act’s provisions and that the regulation is intended to work with the updated Act while accommodating claims that rely on the prior statutory regime.
Transitional provisions:
Undecided applications: Section 14 provides transitional rules for applications made under s 14A of the Act but not decided before commencement: the new regulation now applies to those applications (sec 14(2)), but the board must not refuse solely because the application was not accompanied by a document required under part 2 of the regulation (sec 14(3)). That is a targeted saving provision intended to reduce prejudice to applicants who filed under the old rules.
Additional documentation for claims under former s 16: Section 15 requires that an application made under s 14A which is a claim continuing under former s 16 must be accompanied by specified documents including receipts evidencing respondent payments and, where the old provision authorised a payment because of non‑payment by a respondent, an affidavit or statutory declaration explaining the respondent’s failure to pay (sec 15(2)). Section 15(3) clarifies the meaning of “former” tied to the 2023 amendment (sec 15(3)).
Schedule 1 and fee mechanics:
Section 10 prescribes fees via schedule 1 for board members who are not public service officers and adds a GST‑increase rule (sec 10). Schedule 1 is the vehicle by which the regulation operationalises fees; any future amendment to fees would require amendment of the schedule or a new regulation.
No express amending history within the text beyond repeal and transitional references:
The regulation does not set out a chronology of prior amendments or prior versions beyond the 2010 regulation it repeals. The amended environment is indicated by the references to the Justice and Other Legislation Amendment Act 2023 and to the "former" provision of the Act.
Implication for practitioners:
Because the regulation replaced a 2010 instrument and interacted with a 2023 amending Act, practitioners should check both the Act (including its now‑amended sections) and any ministerial or administrative instruments (approved forms, schedule 1) that the regulation relies on. The regulation delegates important content to an approved form and schedule 1, so the complete operational picture depends on those annexes and the Act’s current text.
In short, the regulation effects a clean replacement of the 2010 subordinate instrument, commences on a set date, and contains transitional provisions that protect pending applications and provide for claims tied to a former statutory regime.
Litigation history
The regulation itself contains no citations to cases, judicial decisions, or litigated interpretations. It does not record any judicial challenges, declaratory proceedings, or reported decisions in its text. Practically, that means:
No cases are named within the instrument as informing its construction or as precedent (the instrument names no cases).
The regulation’s provisions are procedural and evidentiary in nature. Any litigation history concerning the regulation would therefore arise from administrative decisions under the Act (for example, disputes about refusal of applications, the board’s use of information notices, or requests to proper officers) or from litigation testing the operation of the Act’s payment provisions (s 14A, s 14, s 22, s 23, etc.), but none of those cases are recorded in this regulation.
The regulation references the Act for substantive power (for instance s 14, s 14A, s 22, s 23, s 25 and a note to s 25) and for monetary caps under specified sections (sec 12). If there is litigation relevant to the practical operation of the Fund, it will be reported in court files or public law records outside this instrument; those are not reproduced here.
Implications for practitioners assessing legal risk:
Because the instrument contains no litigation history, there are no settled judicial interpretations of its clauses set out in this text. Key operative phrases (for example “reasonably needs”, “unlikely to interfere”, the scope of “proper officer”, and the test for an application being “accompanied” by required documents) may attract future judicial attention, but any existing interpretations are not recorded here.
Administrative decisions made under the regulation (for example refusals under sec 7(4), or the adequacy of documentary proof under secs 4-6) could be the subject of judicial review or merits review depending on the Act’s review architecture. The presence or absence of such decisions in the public record does not appear in this instrument.
Practitioners should therefore treat the regulation as newly prescriptive and anticipate that its operation may generate judicial applications testing boundaries such as what constitutes interference with a current or pending proceeding (sec 9(3)), or what information the board “reasonably needs” (sec 7(1)). Because the instrument itself provides no adjudicative history, reliance on administrative prudence and careful compliance with the regulation’s checklist is the immediate means of risk management.
In summary, the regulation’s text contains no litigation history. Any case law relevant to the regulation will be external to this instrument and must be identified by reference to decisions concerning the Act, board determinations made under it, or disputes involving the Appeal Costs Fund in court files.
Gotchas
This regulation contains several procedural and evidential traps for the unwary applicant and administrative operator. The following are concrete operational pitfalls, grounded in the regulation’s text, that practitioners should note.
Approved form is mandatory but not reproduced here (sec 3)
The regulation requires applications under s 14A to be in the “approved form” (sec 3) but does not include the approved form in the text provided. Failure to use the correct approved form would likely be a threshold defect. Confirm the current approved form held by the administering agency before filing.
Distinct document checklists by head of claim (secs 4-6)
The three documentary lists are different and specific. Submitting the wrong package (for instance using the indemnity‑certificate checklist for a s 22 claim) will lead to gaps. For s 22 claims, the itemised bill must both state all costs and identify those “thrown away or partly thrown away” (sec 5(b)). For s 23 claims, a transcript of grounds is required if the new‑trial order does not state grounds (sec 6(b)(i)). Practitioners must map the application to the correct checklist.
Itemisation and cost evidence obligations (secs 4(c), 5(b), 6(d))
Itemised bills must be detailed: the regulation insists on an itemised bill for costs other than those covered by an order (secs 4(c), 6(d)). For s 22 claims the itemised bill must state all costs and identify thrown‑away costs (sec 5(b)). The level of granularity may require solicitors to prepare new or supplementary bills.
Receipts and proof of payment required (secs 4(e), 5(f), 6(g), 6(h), 15(a))
The regulation requires receipts or equivalent evidence of payment for the applicant’s costs and, in some circumstances, receipts proving the respondent’s payment of costs (secs 4(e), 5(f), 6(g), 6(h), 15(2)(a)). Absent receipts or clear evidence of payment, the application may be vulnerable.
Affidavit or statutory declaration backstop (secs 4(f), 5(g), 6(i), 15(2)(b))
Each checklist requires an affidavit or statutory declaration stating any extra information the applicant intends to rely on (secs 4(f), 5(g), 6(i)). Boilerplate or insufficient sworn statements will undercut credibility. For claims alleging respondent non‑payment, a sworn explanation is mandatory (secs 6(i), 15(2)(b)).
Board’s “reasonably needs” power and minimum 20‑day notice (sec 7)
The board’s power to require “further information the board reasonably needs” (sec 7(1)) is framed as a reasonableness test but the notice must set a time “no earlier than 20 days” for provision of information (sec 7(2)(b)(ii)). Practitioners must watch time limits and ensure timely requests for extension are filed; otherwise the board may refuse the application (sec 7(4)). The board may also refuse without granting an extension.
Proper officer requests limited by “unlikely to interfere” clause (sec 9)
The board can ask proper officers for files (sec 9), but the proper officer must comply only if doing so is “unlikely to interfere with a current or pending proceeding before the court” (sec 9(3)). The subjective assessment of interference creates a possible friction point that may delay access to court records.
Certificates must be properly signed and formatted (sec 8)
Certificates must be in the approved form and signed by the chairperson or another authorised member (sec 8(a)-(b)). A certificate lacking the prescribed statements (amount, recipient, authorisation to pay) or proper signatory will be defective and could block payments (sec 8(c)).
Fee schedule absent in text and GST adjustment (sec 10)
Section 10 prescribes fees via schedule 1 for non‑public‑service board members and requires GST adjustment for fees on supplies subject to GST (sec 10). Schedule 1 is not reproduced here, so practitioners must obtain it to calculate fees and GST amounts correctly.
Rounding rules may produce unexpected cents (sec 11)
Fee‑unit conversions are rounded according to specified thresholds (nearest 5 cents when ≤ $100; nearest 10 cents when > $100 but ≤ $1,000) using one‑half upwards (sec 11). The regulation even provides an arithmetic example. Accounting teams should apply the rounding rule precisely to avoid payment errors.
Prescribed $15,000 caps (sec 12)
Several Act provisions are given prescribed amounts of $15,000 (sec 12). Applicants expecting larger reimbursements under s 20C(2), s 20E(2), s 23(2)(c) or s 24(2)(c) will be constrained. Confirm the specific Act provision under which a claim is made to see whether the cap applies.
Transitional protections limited (secs 14-15)
Section 14 protects pending applications from being refused solely because they lacked certain documents, but it does not create a blanket waiver of compliance: the regulation applies to pending applications and other requirements still hold (sec 14(2)-(3)). For claims continuing under the former s 16, additional receipts and affidavits are mandatory (sec 15), so transitional relief is partial.
Document reference substitution (sec 16)
References to the repealed 2010 regulation may be treated as references to this regulation “if the context permits” (sec 16). That may create ambiguity in archival documents; practitioners should consider whether older forms or contracts need specific contemporaneous interpretation.
No penalty provisions in the regulation itself
The regulation contains no express offences or civil penalties. Enforcement is primarily administrative (refusal, certificate withholding). If substantive sanction or remedy questions arise, consult the Act.
These are operational “gotchas” that arise directly from the text. Practitioners should treat checklist conformity, sworn statements, receipts, itemisation and timing as primary compliance risks.
How to comply
This section provides a practical, step‑by‑step compliance checklist and process guidance grounded in the regulation’s text (secs 3-16). It assumes the applicant intends to make a claim under s 14A of the Act and must navigate the administrative requirements set out here.
Confirm the statutory basis of the claim
Identify whether the payment sought is authorised by an indemnity certificate, under s 22 of the Act, under s 23 of the Act, or under a former provision such as former s 16 that continues to apply (secs 3, 15). The applicable head of claim determines the documentary package required.
Obtain and use the approved form
Before preparing any materials, obtain the current approved form the administering agency requires for an application under s 14A (sec 3). Use only that approved form; applications must be in that form.
Assemble the required documentary package
Indemnity‑certificate claims (sec 4):
Attach the indemnity certificate.
Attach any order relating to costs claimed.
Provide an itemised bill for other costs not covered by a cost order.
Attach copies of any relied court orders (not those in the earlier item).
Attach copies of any documents evidencing payment of costs.
Include an affidavit or statutory declaration stating any other information relied on.
s 22 claims (sec 5):
Attach copies of orders, transcripts or certificates relied on to establish s 22(2) circumstances.
Provide an itemised bill that states all costs relating to the proceeding and identifies costs that were “thrown away or partly thrown away”.
Attach cost agreements between the applicant and their solicitor.
Attach disclosure of costs for any barrister retained.
Attach orders to pay additional costs of a new trial (if any).
Attach receipts or documents evidencing payment of costs.
Include an affidavit or statutory declaration for other relied facts.
s 23 claims (sec 6):
Attach a copy of the new‑trial order.
If the order omits grounds, attach a transcript stating the grounds.
Attach any order for costs mentioned in s 23(1)(a).
Attach any assessment order of a proper officer indicating assessed amounts.
Provide an itemised bill for other costs.
Attach cost agreements and barrister cost disclosures.
Attach receipts evidencing payment of costs.
If claiming under s 23(2)(a), attach any receipt evidencing payment by/on behalf of the respondent for the respondent’s costs and an affidavit/SD stating how the respondent failed to pay.
Include an affidavit or statutory declaration for any other relied information.
Ensure itemised bills meet the specified standards
For s 22 claims, the itemised bill must both “state all of the applicant’s costs relating to the proceeding” and “identify each cost that was thrown away or partly thrown away” (sec 5(b)). Prepare bills to clearly map fees to phases of the proceeding and to highlight thrown‑away costs where applicable.
Prepare sworn statements
Prepare an affidavit or statutory declaration to accompany the application that sets out any additional facts or explanation the applicant relies on (secs 4(f), 5(g), 6(i)). For claims alleging respondent non‑payment, include a sworn statement detailing the failure to pay (secs 6(i), 15(2)(b)).
Check receipts and proof of payment
Attach receipts, bank records or other documentary proof of payment for costs the applicant claims have been paid, and where required produce receipts showing that a respondent paid costs if that is material to the application (secs 4(e), 5(f), 6(g), 6(h), 15(2)(a)).
Anticipate and respond to board notices for further information
If the board issues a written notice under sec 7, the notice must state the information required and a time to comply (no earlier than 20 days after notice). Be prepared to:
Provide information within the set time.
Request an extension promptly if needed (sec 7(2)(b)(iii); sec 7(5)).
If the notice specifies a format, comply with the specified format; otherwise provide information in writing (sec 7(2)(b)(v); sec 7(3)).
Note the consequence of non‑compliance: the board may refuse the application (sec 7(4)).
Manage interactions with courts for file access
If the board requests documents from a court’s proper officer, anticipate potential delays. Proper officers must comply unless doing so is likely to interfere with a current or pending proceeding (sec 9(3)). If court files are essential to your application, plan early to ensure copies or transcripts are obtained and lodged with the application rather than relying solely on the board’s power to request.
Liaise on costs agreements and barrister disclosures
Ensure cost agreements with solicitors and any disclosures of barrister fees are complete and attached (secs 5(c), 5(d), 6(e), 6(f)). Absent or incomplete cost agreements may leave gaps in the application.
Consider payment direction and certificate mechanics
Be ready for the board’s certificate to direct whether payment goes to the person or to the person’s solicitor (sec 8(c)(iii)). Coordinate with your solicitor’s trust account and billing practices to ensure prompt receipt if the certificate directs payment to the solicitor.
Calculate and budget for fees and GST
If you are a non‑public service member of the board or contracting with such a member, obtain schedule 1 to calculate the prescribed fees (sec 10). Add GST where the supply attracts GST as directed by sec 10(2). Apply the rounding rules under sec 11 when fee units are converted to dollar amounts.
Respect prescribed monetary caps
Where the Act’s specified sections are relevant (ss 20C(2), 20E(2), 23(2)(c), 24(2)(c)), the regulation prescribes $15,000 for the purposes of those provisions (sec 12). Confirm whether your claim is subject to those caps and frame expectations accordingly.
For pending applications before commencement
If an application under s 14A was made before 1 July 2024 and remains undecided, the new regulation applies (sec 14(2)), but the board must not refuse merely because the application lacked documents required under part 2 (sec 14(3)). Use this transitional leniency to correct documentary deficiencies promptly.
For claims tied to former s 16
If the claim is continuing under former s 16 of the Act, in addition to the usual package you must attach a receipt evidencing any payment by/on behalf of the respondent and, if required, an affidavit explaining the respondent’s failure to pay (sec 15(2)). Confirm whether the “former” provision applies by reference to the Justice and Other Legislation Amendment Act 2023, part 3, division 1 (sec 15(3)).
Record keeping and audit trail
Maintain clear, time‑stamped records of all documents lodged, affidavits sworn, receipts, itemised bills, cost agreements and correspondence with the board and court proper officers. Because the board may request further information and may refuse for non‑compliance, a robust audit trail assists in contesting refusals or seeking extensions.
Seek internal review or judicial challenge where appropriate
If the board refuses an application under sec 7(4), investigate the Act for available internal review or appeal mechanisms (not set out in this regulation). Consider public‑law remedies where refusal raises jurisdictional error, but carefully ground any challenge in the Act’s review framework.
By following this sequence,establish statutory basis, obtain the approved form, prepare the specific documentary package, ensure receipts and sworn statements, manage time limits and board notices, and watch fee and rounding rules,practitioners will address the principal compliance requirements set by the regulation.
Section sec.4Documents to accompany claims for payments authorised by indemnity certificates
For section 3 (b) (i) , the documents are—
the indemnity certificate; and
any order relating to costs claimed in the application; and
an itemised bill of costs for any costs, other than costs to which paragraph (b) applies, claimed in the application; and
a copy of any court order, other than an order mentioned in paragraph (b) , the applicant intends to rely on for the application; and
a copy of any document evidencing the payment of costs claimed in the application; and
an affidavit or statutory declaration stating any other information the applicant intends to rely on for the application.
(a) the indemnity certificate; and
(b) any order relating to costs claimed in the application; and
(c) an itemised bill of costs for any costs, other than costs to which paragraph (b) applies, claimed in the application; and
(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
(e) a copy of any document evidencing the payment of costs claimed in the application; and
(f) an affidavit or statutory declaration stating any other information the applicant intends to rely on for the application.
sec.5 Documents to accompany claims for payments authorised by Act , s 22
sec.5 Documents to accompany claims for payments authorised by Act , s 22
For section 3 (b) (ii) , the documents are—
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
an itemised bill of costs, related to a proceeding mentioned in section 22 (2) of the Act (the proceeding ), that—
states all of the applicant’s costs relating to the proceeding, including, for example, any new trial ordered; and
identifies each cost that was thrown away or partly thrown away; and
a copy of any costs agreement between the applicant and the applicant’s solicitor related to the proceeding; and
a copy of any disclosure of costs stating the cost incurred by the applicant for retaining a barrister for the proceeding; and
a copy of any order to pay additional costs of a new trial; and
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
an affidavit or statutory declaration stating any other information the applicant intends to rely on for the application.
(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
(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
(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
(c) a copy of any costs agreement between the applicant and the applicant’s solicitor related to the proceeding; and
(d) a copy of any disclosure of costs stating the cost incurred by the applicant for retaining a barrister for the proceeding; and
(e) a copy of any order to pay additional costs of a new trial; and
(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
(g) an affidavit or statutory declaration stating any other information the applicant intends to rely on for the application.
(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
sec.6 Documents to accompany claims for payments authorised by Act , s 23
sec.6 Documents to accompany claims for payments authorised by Act , s 23
For section 3 (b) (iii) , the documents are—
a copy of the order for a new trial; and
for a claim for a payment authorised under section 23(1) of the Act —
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
a copy of any order for costs mentioned in section 23 (1) (a) of the Act ; and
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
an itemised bill of costs for any costs, other than costs to which paragraph (c) applies, claimed in the application; and
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
a copy of any disclosure of costs stating the cost incurred by the applicant for retaining a barrister for the proceeding; and
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
if the payment is authorised under section 23 (2) (a) of the Act —
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
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
an affidavit or statutory declaration stating any other information the applicant intends to rely on for the application.
(a) a copy of the order for a new trial; and
(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
(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
(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
(d) an itemised bill of costs for any costs, other than costs to which paragraph (c) applies, claimed in the application; and
(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
(f) a copy of any disclosure of costs stating the cost incurred by the applicant for retaining a barrister for the proceeding; and
(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
(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
(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
(i) an affidavit or statutory declaration stating any other information the applicant intends to rely on for the application.
(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
(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
pt.3 Provisions about board
Provisions about board
sec.7 Board may request further information
sec.7 Board may request further information
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 .
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.
If the notice does not state a way in which the information must be given, the applicant must give the information in writing.
If the applicant does not comply with the notice, the board may refuse to grant the application.
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.
(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 .
(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.
(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.
(sec.7-ssec.4) If the applicant does not comply with the notice, the board may refuse to grant the application.
(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.
(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
(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
(b) may state a way in which the information must be given.
(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
sec.8 Certificates of board
sec.8 Certificates of board
A certificate of the board, issued under section 14 of the Act , must—
be in the approved form; and
be signed by—
the chairperson; or
another member of the board authorised by the board to sign the certificate; and
state—
the name of the person to whom the certificate is issued; and
the amount the person is entitled to be paid from the fund; and
whether the payment is to be made to the person or the person’s solicitor; and
See section 25 of the Act .
the amount is authorised to be paid out of the fund.
(a) be in the approved form; and
(b) be signed by— (i) the chairperson; or (ii) another member of the board authorised by the board to sign the certificate; and
(i) the chairperson; or
(ii) another member of the board authorised by the board to sign the certificate; and
(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
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