sec.6Documents 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