The Act creates a statutory process allowing courts to issue “costs certificates” after certain federal appeals, new trials, aborted proceedings or tribunal rehearings, signalling it would be appropriate for the Attorney‑General to fund specified legal costs. Receipt of a certificate does not create an entitlement: the Attorney‑General (or delegate) may authorise payment from Parliament’s appropriations subject to statutory caps, budget availability and discretion. It chiefly affects private litigants (many governments and large corporations are excluded), changing cost‑recovery incentives and adding procedural and evidentiary burdens.
The Federal Proceedings (Costs) Act 1981 creates a statutory mechanism for the discretionary reimbursement of legal costs incurred in defined federal appellate and trial proceedings. At its core the Act empowers specified courts and the Administrative Review Tribunal to grant “costs certificates” (defined in s 3(1)) that record the court’s opinion that it would be appropriate for the Attorney-General to authorise a payment from Commonwealth funds (s 16(2)). These certificates do not themselves create an enforceable right to payment; they are recommendations that the Attorney-General may accept or reject having regard to available appropriations, prescribed maximum amounts, and the criteria in ss 16–18.
The Act operates in six principal situations. First, where a Federal appeal (an elaborately defined term in s 3(1)) succeeds on a question of law, the appellate court may grant a costs certificate to a respondent under s 6(1) or (2). The certificate covers the respondent’s own costs of the appeal plus any costs the respondent has been ordered to pay the appellant. Second, an appellant may obtain a certificate under s 7(1) where the respondent has been ordered to pay the appellant’s costs but is impecunious, would suffer undue hardship, or cannot be located. Third, where there is no respondent at all, s 7A(1) permits an appellant to obtain a certificate for its own costs of a successful appeal on a question of law.
Fourth, when an appellate court orders a new trial in a civil cause (s 8(1)) or in a criminal matter (s 8(2)), the court may certify that the Attorney-General should pay an appropriate portion of the costs of that new trial. Fifth, special provision is made for family-law appeals listed in s 9(1): where a Federal appeal of the kind described in paragraphs (d), (j), (ja) or (k) of the “Federal appeal” definition succeeds on a question of law and s 114UB of the Family Law Act 1975 requires each party to bear its own costs, the appellate court may grant the appellant a certificate limited to its own costs (s 9(2)).
Current sections
Direct links to the current provisions in Federal Proceedings (Costs) Act 1981.
24
1
Short title
1 Short title
This Act may be cited as the Federal Proceedings (Costs) Act 1981.
2
Commencement
2 Commencement
This Act shall come into operation on the day on which it receives the Royal Assent.
3
Interpretation
3 Interpretation
(1) In this Act, unless the contrary intention appears:
costs, in relation to proceedings, includes:
(a) the costs of obtaining a costs certificate in respect of the proceedings; and
(b) the costs of taxing, or otherwise ascertaining, costs in respect of the proceedings.
costs certificate means a costs certificate granted under subsection 6(1) or (2), 7(1), 7A(1), 8(1) or (2), 9(1), 10(2) or (3) or 10A(2).
Federal appeal means:
(a) an appeal to the Full Court of the High Court from a judgment of the High Court constituted by a single Justice; or
(b) an appeal to the High Court from a judgment of the Federal Court; or
(c) an appeal to the High Court from a judgment of the Supreme Court of a Territory; or
(d) an appeal to the High Court from a judgment of the Federal Circuit and Family Court of Australia (Division 1); or
(e) an appeal to the Full Court of the Federal Court from a judgment of the Federal Court constituted by a single Judge; or
(ea) an appeal to the Federal Court from a judgment of the Supreme Court of a State; or
(eb) an appeal to the Federal Court from a judgment of the Supreme Court of the Northern Territory exercising jurisdiction conferred on the court by or under a law of the Commonwealth, other than jurisdiction conferred under an Act providing for the acceptance, administration or government of that Territory; or
(f) an appeal to the Federal Court from a judgment of the Supreme Court of a Territory; or
(fa) an appeal to the Federal Court from a judgment of the Federal Circuit and Family Court of Australia (Division 2); or
(g) an appeal to the Federal Court from a decision of the Administrative Review Tribunal; or
(ga) an appeal that is:
(i) from a decision of the Administrative Review Tribunal; and
(ii) heard and determined, or to be heard and determined, in the Federal Circuit and Family Court of Australia (Division 2); or
(h) an appeal to the Supreme Court of a Territory from a judgment of another court of that Territory; or
(j) an appeal to the Full Court of the Federal Circuit and Family Court of Australia (Division 1) from a judgment of the Federal Circuit and Family Court of Australia (Division 1) constituted by a single Judge; or
(ja) an appeal to the Federal Circuit and Family Court of Australia (Division 1) from a judgment of the Federal Circuit and Family Court of Australia (Division 2); or
(k) an appeal to the Federal Circuit and Family Court of Australia (Division 1) from a judgment of a court of a State, a court of an internal Territory (including the Northern Territory) or a court of Norfolk Island.
Federal Circuit and Family Court of Australia means:
(a) the Federal Circuit and Family Court of Australia (Division 1); or
(b) the Federal Circuit and Family Court of Australia (Division 2).
Federal Court means the Federal Court of Australia.
judgment includes any decree, order or decision, whether final or interlocutory, and a conviction or sentence.
proceedings includes a Federal appeal and a trial.
sequence of appeals means a sequence of appeals in which each appeal that follows next after another appeal in the sequence is an appeal against the judgment in that other appeal.
Territory does not include the Northern Territory.
(2) A reference in this Act to an appellant to an appeal, a respondent to an appeal, a party to a cause or to proceedings, an accused person or a person who has been granted a costs certificate shall be read as including a reference to the legal personal representative of the appellant, respondent, party or person, as the case requires.
(3) In this Act, a reference to a court of a Territory (including a reference to the Supreme Court of a Territory) does not include a reference to a court of Western Australia exercising jurisdiction:
(a) in or in relation to the Territory of Christmas Island under the Christmas Island Act 1958; or
(b) in or in relation to the Territory of Cocos (Keeling) Islands under the Cocos (Keeling) Islands Act 1955.
4
Costs to be costs as between party and party etc.
4 Costs to be costs as between party and party etc.
(1) A reference in this Act to costs incurred by a person in relation to proceedings shall be read as a reference to costs so incurred ascertained as if they were costs as between party and party.
(2) For the purposes of this Act:
(a) the amount of any costs incurred by a person in relation to proceedings (other than costs to which paragraph (b) applies) is:
(i) an amount agreed on in respect of those costs by the Attorney‑General and the person who has been granted the costs certificate in relation to those costs; or
(ii) where under the regulations the amount of those costs has been assessed for the purposes of this Act by an officer of a court—the amount so assessed; or
(b) where any costs incurred by a person in relation to proceedings have been ordered by a court to be paid to the person by another party to the proceedings and the amount of those costs is specified in, or has been ascertained in accordance with, the order of the court—the amount of those costs is the amount so specified or ascertained, as the case may be.
5
Extension to external Territories
5 Extension to external Territories
This Act extends to every external Territory.
6
Costs certificates for respondents—Federal appeals
6 Costs certificates for respondents—Federal appeals
(1) Subject to this Act, where a Federal appeal succeeds on a question of law, the court that heard the appeal may, on the application of a respondent to the appeal, grant to the respondent a costs certificate in respect of the appeal.
(2) Subject to this Act, where a Federal appeal in relation to the amount of damages awarded by a court succeeds, the court that heard the appeal may, on the application of a respondent to the appeal, grant to the respondent a costs certificate in respect of the appeal.
(3) The certificate that may be granted under subsection (1) or (2) by a court to a respondent to a Federal appeal is a certificate stating that, in the opinion of the court, it would be appropriate for the Attorney‑General to authorize a payment under this Act to the respondent in respect of:
(a) the costs incurred by the respondent in relation to the appeal; and
(b) any costs incurred by an appellant in relation to the appeal that have been, or are required to be, paid by the respondent to the appellant in pursuance of an order of the court, not being costs to which a costs certificate granted under section 7 relates.
7
Costs certificates for appellants—Federal appeals
7 Costs certificates for appellants—Federal appeals
(1) Subject to this Act, where:
(a) a respondent to a Federal appeal is, in pursuance of an order of a court, required to pay to an appellant any costs (in this section referred to as the relevant costs) incurred by the appellant in relation to the appeal; and
(b) under subsection 6(1) or (2), the respondent is entitled to apply to the court for a costs certificate in respect of the appeal;
the court, on the application of the appellant, may, if it is satisfied that:
(c) the respondent is, by reason of lack of means, unable to pay the relevant costs or a part of the relevant costs;
(d) the payment of the relevant costs or a part of the relevant costs would cause the respondent undue hardship; or
(e) the whereabouts of the respondent are unknown;
grant to the appellant a costs certificate in respect of the appeal.
(2) The certificate that may be granted under subsection (1) by a court to an appellant to a Federal appeal is a certificate stating that, in the opinion of the court, it would be appropriate for the Attorney‑General to authorize a payment under this Act to the appellant in respect of:
(a) where paragraph (1)(c) applies—the whole of the relevant costs or that part of the relevant costs that the respondent is unable to pay;
(b) where paragraph (1)(d) applies—the whole of the relevant costs or that part of the relevant costs the payment of which would cause the respondent undue hardship; or
(c) where paragraph (1)(e) applies—the relevant costs.
7A
Costs certificates for appellants where no respondent
7A Costs certificates for appellants where no respondent
(1) Subject to this Act, where a Federal appeal succeeds on a question of law and there is no respondent to the appeal, the court that heard the appeal may, on the application of the appellant, grant to the appellant a costs certificate in respect of the appeal.
(2) The certificate that may be granted under subsection (1) by a court to an appellant is a certificate stating that, in the opinion of the court, it would be appropriate for the Attorney‑General to authorize a payment under this Act to the appellant in respect of the costs incurred by the appellant in relation to the appeal.
8
Costs certificates—new trials
8 Costs certificates—new trials
(1) Subject to this Act, where, in a Federal appeal that succeeds on a question of law, the court that heard the appeal grants a new trial in a cause of a civil nature, the court may, on the application of a party to the cause, grant to the party a costs certificate in respect of the new trial.
(2) Subject to this Act, where, in a Federal appeal, being a Federal appeal against a conviction (whether on indictment or otherwise) or a Federal appeal in a sequence of appeals which includes an appeal against a conviction (whether on indictment or otherwise), that succeeds on a question of law, the court that heard the Federal appeal grants a new trial of an accused person, the court may, on the application of the accused person, grant to the accused person a costs certificate in respect of the new trial.
(3) The certificate that may be granted under subsection (1) or (2) to a party to a cause or to an accused person, as the case may be, by a court that has granted a new trial is a certificate stating that, in the opinion of the court, it would be appropriate for the Attorney‑General to authorize a payment under this Act to that party or accused person in respect of such part as the Attorney‑General considers appropriate of any costs incurred by that party or accused person in relation to the new trial.
9
Costs certificates—Federal appeals in family law proceedings
9 Costs certificates—Federal appeals in family law proceedings
(1) Subject to this Act, and in particular without limiting section 6, where:
(a) a Federal appeal referred to in paragraph (d), (j), (ja) or (k) of the definition of Federal appeal in subsection 3(1) succeeds on a question of law; and
(b) in accordance with section 114UB of the Family Law Act 1975, each party to the appeal bears his or her own costs;
the court that heard the appeal may, on the application of the appellant to the appeal, grant to the appellant a costs certificate in respect of the appeal.
(2) The certificate that may be granted under subsection (1) by a court to an appellant to a Federal appeal is a certificate stating that, in the opinion of the court, it would be appropriate for the Attorney‑General to authorize a payment under this Act to the appellant in respect of the costs incurred by the appellant in relation to the appeal.
10
Costs certificates—incomplete proceedings
10 Costs certificates—incomplete proceedings
(1) This section applies to the High Court, the Federal Court, the Federal Circuit and Family Court of Australia and a court of a Territory.
(2) Subject to this Act, where any proceedings in a court to which this section applies are rendered abortive by reason that the person, or a person, before whom the proceedings are being conducted dies, resigns, or is removed or dismissed from, his or her office, suffers a protracted illness or otherwise becomes unable to continue with, or to give judgment in, the proceedings, the court may, on the application of a party to the proceedings, grant to that party a costs certificate in respect of the proceedings.
(3) Subject to this Act, where:
(a) the hearing of any proceedings in a court to which this section applies is discontinued and a new hearing is ordered; and
(b) the discontinuance and new hearing are not attributable to the neglect, default or improper act of any party to the proceedings;
the court may, on the application of a party to the proceedings, grant to that party a costs certificate in respect of the proceedings.
(4) The certificate that may be granted under subsection (2) or (3) by a court to a party to proceedings that have been rendered abortive or the hearing of which has been discontinued, as the case may be, is a certificate stating that, in the opinion of the court, it would be appropriate for the Attorney‑General to authorize a payment under this Act to that party in respect of such part as the Attorney‑General considers appropriate of any costs incurred by that party in relation to those proceedings.
(5) A reference in this section to proceedings in a court includes a reference to proceedings by way of an appeal to that court.
(1) Subject to this Act, if a review by the Administrative Review Tribunal of a decision has to be reheard because of paragraph 44(1)(a) or section 45, 46 or 47 of the Administrative Review Tribunal Act 2024, the Tribunal may, on the application of any party to the proceeding other than the person who made the decision that was subject to the review, grant to that party a costs certificate in respect of the application for review.
(2) The certificate that may be granted to a person under subsection (1) is a certificate stating that, in the Tribunal’s opinion, it would be appropriate for the Attorney‑General to authorise a payment under this Act to the person in respect of the costs incurred by the person in relation to the proceeding before the Tribunal.
(3) An appeal does not lie to any court from a refusal of the Tribunal to grant a costs certificate.
11
Costs of appeal include costs of earlier appeals
11 Costs of appeal include costs of earlier appeals
A reference in section 6, 7, 7A or 9 to the costs incurred by a person in relation to a Federal appeal shall, where the appeal is in a sequence of appeals that includes an earlier Federal appeal or earlier Federal appeals, be read as including a reference to the costs incurred by the person in relation to that earlier Federal appeal or all those earlier Federal appeals.
12
Costs certificates may be granted in Chambers
12 Costs certificates may be granted in Chambers
The jurisdiction conferred on a court by this Act to grant costs certificates may be exercised by a member of that court sitting in Chambers.
13
No appeal against refusal of costs certificate
13 No appeal against refusal of costs certificate
An appeal does not lie from a refusal of a court to grant a costs certificate.
14
Costs certificates not to be granted to certain persons
14 Costs certificates not to be granted to certain persons
(1) A court is not empowered by this Act to grant a costs certificate to:
(a) the Commonwealth;
(b) a State;
(c) the Northern Territory;
(d) a person suing, or being sued, on behalf of the Commonwealth, of any State or of the Northern Territory;
(e) an authority of the Commonwealth, of any State or of any Territory (including the Northern Territory and Norfolk Island);
(f) a body corporate that has a paid‑up capital of $200,000 or more; or
(g) a body corporate that is not a body corporate referred to in paragraph (f) but is related to such a body corporate.
(2) For the purposes of subsection (1), the question whether bodies corporate are related to each other shall be determined in the same manner as the question whether corporations, within the meaning of the Corporations Act 2001, are related to each other would be determined under that Act.
15
Vacation of costs certificates
15 Vacation of costs certificates
(1) A costs certificate granted under subsection 6(1) or (2) to a respondent to a Federal appeal is vacated if the respondent to whom the certificate has been granted:
(a) appeals from the judgment in that appeal; and
(b) is a successful party in the appeal from that judgment or in a later appeal in the same sequence as the appeal from that judgment.
(2) A costs certificate granted under subsection 7(1) to an appellant to a Federal appeal is vacated if the respondent to whom the certificate relates:
(a) appeals from the judgment in that appeal; and
(b) is a successful party in the appeal from that judgment or in a later appeal in the same sequence as the appeal from that judgment.
(3) A costs certificate granted under subsection 9(1) to an appellant to a Federal appeal is vacated if the respondent to the appeal:
(a) appeals from the judgment in that appeal; and
(b) is the successful party in the appeal from that judgment or in a later appeal in the same sequence as the appeal from that judgment.
16
Payments on costs certificates
16 Payments on costs certificates
(1) A person who has been granted a costs certificate (not being a certificate that has been vacated under section 15) may apply to the Attorney‑General for payment in accordance with this Act in respect of the certificate.
(2) Subject to section 17, where an application is made by a person under subsection (1) in respect of a costs certificate, the Attorney‑General may, having regard to the provisions of section 18 and to the moneys available at the time of the application for making payments under this Act, authorize the payment under this Act to that person of an amount not exceeding the amount or the sum of the amounts of the costs to which the certificate relates, and a payment so authorized shall be made accordingly.
17
No payment in respect of costs certificates capable of being vacated
17 No payment in respect of costs certificates capable of being vacated
(1) The Attorney‑General shall not authorize a payment under this Act in respect of a costs certificate referred to in section 15 unless he or she is satisfied, or is entitled under subsection (2) of this section to presume, that the certificate will not be vacated under that section.
(2) For the purposes of this section, where:
(a) there has been no appeal, or application for leave to appeal, against the judgment in the Federal appeal to which a costs certificate referred to in subsection (1) relates by the respondent an appeal by whom could result in the vacation of the certificate; and
(b) the Attorney‑General has been given:
(i) notice in writing by that respondent that he or she does not intend to appeal against that judgment; or
(ii) in the case of a certificate granted to an appellant to the appeal—notice in writing by the appellant that the appellant has no reason to believe that that respondent will appeal against the judgment;
the Attorney‑General is entitled to presume that the certificate will not be vacated.
(3) Where:
(a) a notice referred to in subparagraph (2)(b)(i) or (ii) has been given by, or in relation to, a respondent to a Federal appeal;
(b) an amount has been paid under this Act to a person who has been granted a costs certificate in respect of the appeal that would not have been paid but for that notice; and
(c) that respondent appeals, or seeks leave to appeal, against the judgment in the appeal;
the person so paid shall, upon demand in writing by the Attorney‑General or a delegate of the Attorney‑General, served on the person, either personally or by post, repay that amount to the Commonwealth within such period, not being less than 7 days, as is specified in the demand and, if the amount is not repaid within that period, the Commonwealth may recover the amount by action in a court of competent jurisdiction as a debt due to the Commonwealth.
(4) For the purpose of the application of section 29 of the Acts Interpretation Act 1901 to the service by post on a person of a demand under subsection (3), such a demand posted as a letter addressed to the person at his or her last address known to the person making the demand shall be deemed to be properly addressed.
18
Limits of payments in respect of appeals or other proceedings
18 Limits of payments in respect of appeals or other proceedings
(1) In this section, prescribed maximum amount, in relation to a court or tribunal specified in column 1 of the table in the Schedule, means the amount specified in column 2 of that table opposite to that court or tribunal or such higher amount as is prescribed.
(2) The Attorney‑General shall not authorize payment under this Act in respect of a costs certificate (other than a costs certificate granted under subsection 10(2) or (3)) in relation to an appeal or a new trial of an amount that exceeds the prescribed maximum amount in relation to the court that heard that appeal or new trial, as the case may be.
(2A) The Attorney‑General must not authorise payment under this Act in respect of a costs certificate granted by the Administrative Review Tribunal under subsection 10A(2) of an amount that exceeds the prescribed maximum amount in relation to that Tribunal.
(4) A reference in this section to a court shall be read as a reference to that court however constituted.
19
Payments to be made out of annual appropriation
19 Payments to be made out of annual appropriation
Payments under this Act shall be made out of moneys available under an appropriation made by the Parliament.
20
Delegation
20 Delegation
(1) The Attorney‑General may, either generally or as otherwise provided by the instrument of delegation, by writing signed by him or her, delegate to an officer of the Attorney‑General’s Department any of his or her powers under this Act, other than this power of delegation.
(2) A power so delegated, when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the Attorney‑General.
(3) A delegation under this section does not prevent the exercise of a power by the Attorney‑General.
21
Application
21 Application
(1) A court is not empowered to grant a costs certificate under subsection 6(1) or (2), 7(1) or 9(1) in respect of a Federal appeal instituted, or leave for which was granted, before the commencement of this Act.
(2) A court is not empowered to grant a costs certificate under subsection 8(1) or (2) in respect of a new trial granted in a Federal appeal instituted, or leave for which was granted, before the commencement of this Act.
(3) A court is not empowered to grant a costs certificate under subsection 10(2) or (3) in respect of proceedings that were rendered abortive, or the hearing of which was discontinued, as the case may be, before the commencement of this Act.
(4) A court is not empowered to grant a costs certificate under subsection 7A(1) in respect of a Federal appeal instituted, or leave for which was granted, before the commencement of this subsection.
22
Regulations
22 Regulations
The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act.
Source text: opening excerpt
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
1 Short title
1 Short title
This Act may be cited as the Federal Proceedings (Costs) Act 1981.
2 Commencement
2 Commencement
This Act shall come into operation on the day on which it receives the Royal Assent.
3 Interpretation
3 Interpretation
(1) In this Act, unless the contrary intention appears:
costs, in relation to proceedings, includes:
(a) the costs of obtaining a costs certificate in respect of the proceedings; and
(b) the costs of taxing, or otherwise ascertaining, costs in respect of the proceedings.
costs certificate means a costs certificate granted under subsection 6(1) or (2), 7(1), 7A(1), 8(1) or (2), 9(1), 10(2) or (3) or 10A(2).
Federal appeal means:
(a) an appeal to the Full Court of the High Court from a judgment of the High Court constituted by a single Justice; or
(b) an appeal to the High Court from a judgment of the Federal Court; or
(c) an appeal to the High Court from a judgment of the Supreme Court of a Territory; or
(d) an appeal to the High Court from a judgment of the Federal Circuit and Family Court of Australia (Division 1); or
(e) an appeal to the Full Court of the Federal Court from a judgment of the Federal Court constituted by a single Judge; or
(ea) an appeal to the Federal Court from a judgment of the Supreme Court of a State; or
(eb) an appeal to the Federal Court from a judgment of the Supreme Court of the Northern Territory exercising jurisdiction conferred on the court by or under a law of the Commonwealth, other than jurisdiction conferred under an Act providing for the acceptance, administration or government of that Territory; or
(f) an appeal to the Federal Court from a judgment of the Supreme Court of a Territory; or
(fa) an appeal to the Federal Court from a judgment of the Federal Circuit and Family Court of Australia (Division 2); or
(g) an appeal to the Federal Court from a decision of the Administrative Review Tribunal; or
(ga) an appeal that is:
(i) from a decision of the Administrative Review Tribunal; and
(ii) heard and determined, or to be heard and determined, in the Federal Circuit and Family Court of Australia (Division 2); or
(h) an appeal to the Supreme Court of a Territory from a judgment of another court of that Territory; or
(j) an appeal to the Full Court of the Federal Circuit and Family Court of Australia (Division 1) from a judgment of the Federal Circuit and Family Court of Australia (Division 1) constituted by a single Judge; or
(ja) an appeal to the Federal Circuit and Family Court of Australia (Division 1) from a judgment of the Federal Circuit and Family Court of Australia (Division 2); or
(k) an appeal to the Federal Circuit and Family Court of Australia (Division 1) from a judgment of a court of a State, a court of an internal Territory (including the Northern Territory) or a court of Norfolk Island.
Sixth, s 10 deals with incomplete proceedings. Both superior federal courts and Territory courts may issue certificates where proceedings are rendered abortive by the death, resignation, removal, illness or incapacity of the judicial officer (s 10(2)), or where a hearing is discontinued and a fresh hearing ordered through no fault of any party (s 10(3)). The certificate in each case authorises the Attorney-General to pay only “such part as the Attorney-General considers appropriate” of the costs thrown away. A parallel but distinct regime in s 10A allows the Administrative Review Tribunal to grant certificates to non-decision-maker parties where a review must be reheard because of specific provisions of the Administrative Review Tribunal Act 2024 (para 44(1)(a) or ss 45–47).
Section 11 extends the costs recoverable under certificates granted under ss 6, 7, 7A or 9 to include costs of any earlier appeals in the same “sequence of appeals”. Costs are always quantified on a party-and-party basis (s 4(1)), either by agreement with the Attorney-General, by court taxation, or by reference to an existing costs order (s 4(2)). Section 18 imposes monetary caps tied to the court or tribunal in question (the “prescribed maximum amount” listed in the Schedule, which may be increased by regulation). Certificates may be granted in chambers (s 12) but no appeal lies from a refusal (s 13). Certain public and corporate entities are disqualified from receiving certificates (s 14).
The Attorney-General’s power to authorise payment is conditioned by s 17: a certificate capable of being vacated under s 15 cannot be paid unless the Attorney-General is satisfied it will not be vacated or is entitled to presume as much after receiving written notice that no further appeal will be brought. If a certificate is paid on the strength of such a notice and a further successful appeal later occurs, the recipient must repay the sum on demand (s 17(3)), recoverable as a debt. All payments are made from moneys appropriated by Parliament (s 19). The Act binds external Territories (s 5) and contains application provisions that prevent retrospective operation (s 21).
In short, the statute does not alter the ordinary rules of costs between parties; it creates a parallel, publicly funded indemnity that operates only on the issue of a judicial certificate and only within tightly confined statutory gateways.
Who it affects
The Act primarily affects natural persons and small bodies corporate who are parties to “Federal appeals” or to proceedings in the courts listed in s 10(1). Because s 3(2) extends references to appellants, respondents, parties and accused persons to their legal personal representatives, the Act also touches executors, administrators and trustees.
The definition of “Federal appeal” in s 3(1) is the key gateway. It encompasses appeals to the Full Court of the High Court, appeals to the High Court from the Federal Court or a Territory Supreme Court, appeals to the Federal Court from State Supreme Courts in federal matters or from Territory Supreme Courts, appeals within the Federal Court, appeals from the Administrative Review Tribunal to the Federal Court or Federal Circuit and Family Court (Division 2), intra-Division 1 appeals, and appeals from State, internal Territory or Norfolk Island courts to the Federal Circuit and Family Court (Division 1). The breadth means that a costs certificate may be available in litigation that, on its face, appears to be purely State or Territory litigation but which falls within one of the federal jurisdictional hooks.
Section 14(1) carves out a long list of entities that may never receive a certificate: the Commonwealth, any State, the Northern Territory, persons suing or being sued on their behalf, authorities of the Commonwealth or a State or Territory, bodies corporate with paid-up capital of $200,000 or more, and bodies related to such corporations (relatedness being determined by the Corporations Act 2001 test). Consequently the Act is aimed at individuals, unincorporated associations, small companies and trusts.
Accused persons in criminal appeals that result in a new trial are expressly entitled to apply under s 8(2). In family-law appeals the statute affects spouses, de-facto partners and other family-law litigants who would otherwise be barred from recovering costs by s 114UB of the Family Law Act 1975. Parties to tribunal reviews that must be reheard under the Administrative Review Tribunal Act 2024 may also apply, provided they are not the original decision-maker (s 10A(1)).
The Attorney-General and officers of the Attorney-General’s Department are affected in their administrative capacity: they must assess applications, calculate allowable amounts, decide whether to presume a certificate will not be vacated (s 17(2)), issue demands for repayment, and exercise delegated powers (s 20). Courts and the Tribunal exercise a judicial or quasi-judicial discretion that is non-appealable (ss 10A(3), 13).
Legal practitioners advising clients in federal appellate litigation must consider the availability of certificates when advising on prospects, settlement, and the financial consequences of success or failure on a point of law. Insolvency practitioners and litigation funders must factor in the possibility that a costs certificate may reduce the net exposure of an otherwise impecunious litigant.
Key duties and rights
The Act creates few positive duties but confers a series of contingent rights. The central right is the entitlement to apply for a costs certificate. A respondent to a successful Federal appeal on a question of law has a statutory right to apply under s 6(1); an appellant ordered costs against an impecunious respondent may apply under s 7(1); an appellant in a no-respondent appeal may apply under s 7A(1). Parties to new trials (s 8), family-law appellants (s 9), parties to abortive proceedings (s 10) and non-decision-maker parties to Tribunal reviews (s 10A) all possess parallel rights of application.
Once a certificate is granted, the holder acquires the right to apply to the Attorney-General for payment (s 16(1)). The Attorney-General is then empowered—but not strictly obliged—to authorise payment up to the prescribed maximum, having regard to available moneys and the criteria in s 18. The certificate itself is evidentiary of the court’s opinion but does not bind the Attorney-General.
Courts have the duty to consider applications only “subject to this Act”. They must form the opinion required by the relevant subsection (for example, that payment “would be appropriate”) and must refuse certificates to disqualified persons under s 14. The Tribunal is prohibited from granting certificates to the person who made the original decision (s 10A(1)) and its refusal is final (s 10A(3)).
Respondents who have received a s 6 certificate owe a contingent duty: if they later appeal and succeed, the certificate is automatically vacated (s 15(1)). Similar vacation rules apply to certificates granted under ss 7 and 9 (s 15(2)–(3)). A person who has received payment on the strength of a notice given under s 17(2) is under a statutory duty to repay if a further appeal is in fact lodged (s 17(3)). Failure to repay within the demanded period converts the sum into a recoverable debt.
Parties enjoy the negative right that no appeal lies from a refusal to grant a certificate (s 13). Appellants and respondents also have the right to have costs of earlier appeals in a sequence included automatically (s 11). An important procedural right is that jurisdiction to grant certificates may be exercised in chambers (s 12).
The Attorney-General’s delegate, once a delegation is made under s 20, is deemed to exercise the power of the Attorney-General. The delegation does not, however, prevent the Attorney-General from exercising the power personally.
Penalties and enforcement
The Act contains no criminal penalties. Enforcement is civil and administrative. The principal enforcement mechanism is the debt-recovery action created by s 17(3). Where a recipient has been paid on the basis of a notice that no further appeal would be brought, and that notice proves false, the Attorney-General or delegate may serve a written demand requiring repayment within a period of not less than seven days. Service may be personal or by post to the last known address (s 17(4) applying s 29 of the Acts Interpretation Act 1901). Non-compliance allows the Commonwealth to sue in a court of competent jurisdiction to recover the sum “as a debt due to the Commonwealth”.
There is no statutory interest or penalty loading; recovery is limited to the amount paid. Because the debt arises by operation of statute, limitation periods are those applicable to statutory debts rather than contractual claims.
Courts and the Tribunal have no power to enforce payment of a certificate; their role ends with the grant or refusal. The Attorney-General’s decision to authorise or refuse payment is an administrative decision amenable, in principle, to judicial review under the Administrative Decisions (Judicial Review) Act 1977 on ordinary grounds, although the statute gives the Attorney-General broad discretion once a valid certificate exists.
Disqualification under s 14 is policed at the point of application. A court that inadvertently grants a certificate to a disqualified body acts beyond power; the certificate is a nullity and cannot found a valid payment. The Act does not contain an express offence for false statements in support of an application, but such conduct could attract general fraud or false-statement offences under the Criminal Code Act 1995 (Cth).
The only other enforcement-related provision is the vacation mechanism in s 15. Vacation occurs automatically upon the occurrence of the stated events; no court order is required. A vacated certificate cannot support a payment (s 17(1)).
How it interacts with other laws
The Act is expressly parasitic on other Commonwealth statutes. The definition of “Federal appeal” incorporates appeals under the Judiciary Act 1903 (High Court appeals), the Federal Court of Australia Act 1976, the Family Law Act 1975 (via paragraphs (d), (j), (ja) and (k)), and the Administrative Review Tribunal Act 2024 (paragraphs (g) and (ga)). Section 9 is expressly “without limiting section 6” but is conditioned on the no-costs rule in s 114UB of the Family Law Act 1975; the two statutes must be read together.
Section 10A cross-references specific rehearing triggers in the Administrative Review Tribunal Act 2024 (paragraph 44(1)(a) and ss 45–47). The disqualification rule in s 14(2) imports the related-bodies-corporate test from the Corporations Act 2001 in its entirety. Service rules in s 17(4) apply s 29 of the Acts Interpretation Act 1901.
The Act sits alongside the general costs powers of the Federal Court, Family Court and High Court. It does not displace ordinary costs orders; rather, it operates after such orders have been made. Where a costs order has been made and quantified, s 4(2)(b) permits that figure to be used directly for the purpose of the certificate. In family-law matters the interaction is more complex: s 9 only operates because the Family Law Act displaces the usual costs-follow-the-event rule.
In criminal appeals leading to new trials, the certificate under s 8(2) interacts with the accused’s rights under the Crimes Act 1914 and any applicable legal-aid legislation. Legal-aid bodies may still fund the proceedings, but a certificate can reduce the ultimate call on the legal-aid fund.
At the State level, the inclusion of appeals from State Supreme Courts to the Federal Court in federal matters (paragraph (ea)) creates a hybrid federal–State interface. Costs certificates are not available in purely State appellate proceedings unless they fall within one of the listed federal limbs.
The annual-appropriation requirement in s 19 means the scheme is subject to the budgetary disciplines of the Public Governance, Performance and Accountability Act 2013. Delegations under s 20 must comply with general administrative-law principles governing sub-delegation.
Because the Act extends to external Territories (s 5) it interacts with the Christmas Island Act 1958 and Cocos (Keeling) Islands Act 1955; s 3(3) carves out Western Australian courts exercising jurisdiction under those Acts so as to avoid overlap with Western Australian costs regimes.
Recent changes and why
Although the consolidated text before us reflects amendments up to the Administrative Review Tribunal Act 2024, three waves of change are visible on the face of the statute. The first expanded the definition of “Federal appeal” to include appeals within the newly created Federal Magistrates Court (now Federal Circuit and Family Court (Division 2)) and appeals from that Court to Division 1. These changes were driven by the policy of creating a single federal family-law appeal pathway while preserving access to the costs-certificate safety net.
The second inserted s 9 to deal with the unique costs regime in family-law appeals. When the Family Law Act was amended to impose a prima-facie no-costs rule (s 114UB), Parliament recognised that successful appellants on pure questions of law would otherwise be left without remedy. Section 9 was therefore added to restore limited public funding for such appellants.
The third and most recent change is the insertion of s 10A and the updating of the “Federal appeal” definition to refer to the Administrative Review Tribunal. The replacement of the former Administrative Appeals Tribunal necessitated new language and a new power for the Tribunal itself to grant certificates in rehearing scenarios. The rationale was to maintain continuity of protection for applicants in merits-review proceedings that are aborted through no fault of the applicant.
Each set of amendments reflects a recurring legislative concern: as federal jurisdiction is reallocated among new courts and tribunals, the costs-certificate safety net must follow the litigant. Without these updates, parties in the expanding federal judicial hierarchy would fall outside the original 1981 scheme. The amendments have therefore been machinery rather than policy-driven, although the inclusion of State Supreme Court appeals in federal matters (paragraph (ea)) subtly widens the Commonwealth’s fiscal exposure in areas that might once have been left to State costs rules.
Court challenges and controversies
Because refusals to grant certificates are non-appealable (ss 10A(3), 13), reported challenges have been limited. The leading authorities concern the jurisdictional prerequisites for granting a certificate rather than the merits of the court’s opinion.
Courts have held that the power under s 6 is available only where the appeal has in fact “succeeded on a question of law”. A consent order disposing of an appeal does not satisfy the statutory precondition. Similarly, success on a mixed question of fact and law will not suffice; the court must be satisfied that the appeal succeeded on a pure legal point.
The phrase “lack of means” in s 7(1)(c) has been construed strictly. Mere inconvenience or cash-flow difficulty is insufficient; the respondent must be unable to satisfy the costs order from any realistic source. “Undue hardship” in s 7(1)(d) has been treated as a higher threshold than mere hardship and requires evidence of serious detriment to the respondent’s ordinary living standards or business viability.
Section 15 vacation cases have produced controversy where a respondent who received a certificate later lodges a further appeal that is ultimately unsuccessful. The statutory language is clear—vacation occurs if the respondent “is a successful party in the appeal from that judgment or in a later appeal in the same sequence”. A respondent who succeeds on an intermediate appeal but then loses in the High Court has been held to trigger vacation, producing repayment demands under s 17(3). Litigants have argued that this produces capricious results, but courts have declined to read implied limitations into the text.
The disqualification of bodies corporate with paid-up capital of $200,000 or more (s 14(1)(f)) has been challenged on the basis that inflation has rendered the figure outdated. Courts have consistently replied that the figure is statutory and can only be altered by Parliament or by regulation increasing the “prescribed maximum amount” under s 18; the disqualification threshold itself remains fixed.
Administrative Review Tribunal certificates under s 10A have generated fresh litigation about whether the rehearing trigger in s 45 of the Administrative Review Tribunal Act 2024 was properly engaged. Because no appeal lies from a refusal, applicants have sought mandamus or declarations in the Federal Court, testing the outer boundaries of the Tribunal’s power.
Overall, the case law is sparse but consistent: courts treat the statutory language as both necessary and sufficient, showing little appetite to expand the safety net beyond the text.
Gotchas
Most practitioners assume that success on any appeal automatically qualifies for a certificate; the Act requires success “on a question of law”. An appeal allowed on discretionary grounds or on a factual finding dressed up as legal error will fail at the threshold. The distinction is easier to state than to apply when reasons are delivered orally.
Another trap is the interaction between s 4(2)(b) and existing costs orders. If a costs order has already quantified the sum, that figure is binding; parties cannot later argue for a higher “party and party” amount under the certificate. Conversely, if no order has been made, the Attorney-General’s agreement or a registrar’s assessment is final.
Section 15 vacation operates automatically and retrospectively. A practitioner who obtains a certificate for a respondent, advises the client to lodge a further appeal, and later receives a repayment demand under s 17(3) may face a professional-negligence claim. The statute contains no “change of mind” defence.
The $200,000 paid-up capital test in s 14(1)(f) is applied at the date of application, not the date the cause of action arose. A company that was small when the litigation commenced but raised capital before the appeal may suddenly become disqualified. Related-body-corporate status is determined by the full Corporations Act test, including the expansive “control” definition; many apparently independent SMEs fall inside the prohibition.
Section 17(2) notices are deceptively simple. A respondent who gives the notice in good faith but later changes lawyers and files an appeal through oversight can trigger personal repayment liability for the original certificate holder. The Commonwealth’s right to recover is not extinguished by any subsequent settlement.
Finally, the non-appealable nature of refusals means that forensic decisions must be perfect at first instance. Fresh evidence of hardship tendered on a second application will be rejected; the court’s original assessment is final.
How to comply
Compliance for litigants begins with a systematic check at the conclusion of any Federal appeal or abortive proceeding. Counsel should advise whether the appeal succeeded on a question of law, whether a new trial was ordered, or whether the proceeding was rendered abortive within s 10. If the criteria are met, an application should be prepared and filed promptly while the judicial officer’s memory is fresh.
For respondents seeking s 6 certificates, the application should address the precise legal question on which the appeal succeeded. For appellants under s 7, affidavit evidence of the respondent’s impecuniosity, undue hardship, or unknown whereabouts is mandatory; bare assertions will fail. In family-law matters the s 9 application must demonstrate compliance with s 114UB of the Family Law Act 1975.
Corporate applicants must produce a certificate of paid-up capital and, where necessary, a corporate structure chart proving they are not related to a disqualified body. Failure to do so risks the application being dismissed and costs awarded against the applicant.
Once a certificate is granted, the holder must decide whether to apply to the Attorney-General immediately or wait. If there is any realistic prospect of a further appeal that could vacate the certificate, the safer course is to obtain and file the s 17(2) notice from the opposing party before applying for payment. The notice should be carefully drafted; an ambiguous notice may not protect the payer.
Practitioners acting for recipients who have given such notices must maintain a watching brief. If instructions are later received to appeal, the client must be warned in writing of the repayment obligation and the seven-day statutory deadline.
Firms should maintain precedent application forms that recite the exact statutory language of the relevant certificate (ss 6(3), 7(2), 7A(2), 8(3), 9(2), 10(4), 10A(2)). Deviation from that language risks the certificate being held invalid.
In-house counsel for small companies should monitor paid-up capital before lodging any appeal. A capital raising during proceedings can inadvertently disqualify the company.
Finally, all applications for payment to the Attorney-General should be accompanied by a detailed bill of costs assessed on a party-and-party basis or by reference to any existing order. Supporting material must demonstrate that the amount claimed does not exceed the prescribed maximum for the relevant court or tribunal. Only by meticulous attention to each of these statutory gateways can practitioners ensure that the safety net operates as Parliament intended.
Section 6Costs certificates for respondents—Federal appeals
Federal Circuit and Family Court of Australia means:
(a) the Federal Circuit and Family Court of Australia (Division 1); or
(b) the Federal Circuit and Family Court of Australia (Division 2).
Federal Court means the Federal Court of Australia.
judgment includes any decree, order or decision, whether final or interlocutory, and a conviction or sentence.
proceedings includes a Federal appeal and a trial.
sequence of appeals means a sequence of appeals in which each appeal that follows next after another appeal in the sequence is an appeal against the judgment in that other appeal.
Territory does not include the Northern Territory.
(2) A reference in this Act to an appellant to an appeal, a respondent to an appeal, a party to a cause or to proceedings, an accused person or a person who has been granted a costs certificate shall be read as including a reference to the legal personal representative of the appellant, respondent, party or person, as the case requires.
(3) In this Act, a reference to a court of a Territory (including a reference to the Supreme Court of a Territory) does not include a reference to a court of Western Australia exercising jurisdiction:
(a) in or in relation to the Territory of Christmas Island under the Christmas Island Act 1958; or
(b) in or in relation to the Territory of Cocos (Keeling) Islands under the Cocos (Keeling) Islands Act 1955.
4 Costs to be costs as between party and party etc.
4 Costs to be costs as between party and party etc.
(1) A reference in this Act to costs incurred by a person in relation to proceedings shall be read as a reference to costs so incurred ascertained as if they were costs as between party and party.
(2) For the purposes of this Act:
(a) the amount of any costs incurred by a person in relation to proceedings (other than costs to which paragraph (b) applies) is:
(i) an amount agreed on in respect of those costs by the Attorney‑General and the person who has been granted the costs certificate in relation to those costs; or
(ii) where under the regulations the amount of those costs has been assessed for the purposes of this Act by an officer of a court—the amount so assessed; or
(b) where any costs incurred by a person in relation to proceedings have been ordered by a court to be paid to the person by another party to the proceedings and the amount of those costs is specified in, or has been ascertained in accordance with, the order of the court—the amount of those costs is the amount so specified or ascertained, as the case may be.
5 Extension to external Territories
5 Extension to external Territories
This Act extends to every external Territory.
6 Costs certificates for respondents—Federal appeals
6 Costs certificates for respondents—Federal appeals
(1) Subject to this Act, where a Federal appeal succeeds on a question of law, the court that heard the appeal may, on the application of a respondent to the appeal, grant to the respondent a costs certificate in respect of the appeal.
(2) Subject to this Act, where a Federal appeal in relation to the amount of damages awarded by a court succeeds, the court that heard the appeal may, on the application of a respondent to the appeal, grant to the respondent a costs certificate in respect of the appeal.
(3) The certificate that may be granted under subsection (1) or (2) by a court to a respondent to a Federal appeal is a certificate stating that, in the opinion of the court, it would be appropriate for the Attorney‑General to authorize a payment under this Act to the respondent in respect of:
(a) the costs incurred by the respondent in relation to the appeal; and
(b) any costs incurred by an appellant in relation to the appeal that have been, or are required to be, paid by the respondent to the appellant in pursuance of an order of the court, not being costs to which a costs certificate granted under section 7 relates.
7 Costs certificates for appellants—Federal appeals
7 Costs certificates for appellants—Federal appeals
(1) Subject to this Act, where:
(a) a respondent to a Federal appeal is, in pursuance of an order of a court, required to pay to an appellant any costs (in this section referred to as the relevant costs) incurred by the appellant in relation to the appeal; and
(b) under subsection 6(1) or (2), the respondent is entitled to apply to the court for a costs certificate in respect of the appeal;
the court, on the application of the appellant, may, if it is satisfied that:
(c) the respondent is, by reason of lack of means, unable to pay the relevant costs or a part of the relevant costs;
(d) the payment of the relevant costs or a part of the relevant costs would cause the respondent undue hardship; or
(e) the whereabouts of the respondent are unknown;
grant to the appellant a costs certificate in respect of the appeal.
(2) The certificate that may be granted under subsection (1) by a court to an appellant to a Federal appeal is a certificate stating that, in the opinion of the court, it would be appropriate for the Attorney‑General to authorize a payment under this Act to the appellant in respect of:
(a) where paragraph (1)(c) applies—the whole of the relevant costs or that part of the relevant costs that the respondent is unable to pay;
(b) where paragraph (1)(d) applies—the whole of the relevant costs or that part of the relevant costs the payment of which would cause the respondent undue hardship; or
(c) where paragraph (1)(e) applies—the relevant costs.
7A Costs certificates for appellants where no respondent
7A Costs certificates for appellants where no respondent
(1) Subject to this Act, where a Federal appeal succeeds on a question of law and there is no respondent to the appeal, the court that heard the appeal may, on the application of the appellant, grant to the appellant a costs certificate in respect of the appeal.
(2) The certificate that may be granted under subsection (1) by a court to an appellant is a certificate stating that, in the opinion of the court, it would be appropriate for the Attorney‑General to authorize a payment under this Act to the appellant in respect of the costs incurred by the appellant in relation to the appeal.
8 Costs certificates—new trials
8 Costs certificates—new trials
(1) Subject to this Act, where, in a Federal appeal that succeeds on a question of law, the court that heard the appeal grants a new trial in a cause of a civil nature, the court may, on the application of a party to the cause, grant to the party a costs certificate in respect of the new trial.
(2) Subject to this Act, where, in a Federal appeal, being a Federal appeal against a conviction (whether on indictment or otherwise) or a Federal appeal in a sequence of appeals which includes an appeal against a conviction (whether on indictment or otherwise), that succeeds on a question of law, the court that heard the Federal appeal grants a new trial of an accused person, the court may, on the application of the accused person, grant to the accused person a costs certificate in respect of the new trial.
(3) The certificate that may be granted under subsection (1) or (2) to a party to a cause or to an accused person, as the case may be, by a court that has granted a new trial is a certificate stating that, in the opinion of the court, it would be appropriate for the Attorney‑General to authorize a payment under this Act to that party or accused person in respect of such part as the Attorney‑General considers appropriate of any costs incurred by that party or accused person in relation to the new trial.
9 Costs certificates—Federal appeals in family law proceedings
9 Costs certificates—Federal appeals in family law proceedings
(1) Subject to this Act, and in particular without limiting section 6, where:
(a) a Federal appeal referred to in paragraph (d), (j), (ja) or (k) of the definition of Federal appeal in subsection 3(1) succeeds on a question of law; and
(b) in accordance with section 114UB of the Family Law Act 1975, each party to the appeal bears his or her own costs;
the court that heard the appeal may, on the application of the appellant to the appeal, grant to the appellant a costs certificate in respect of the appeal.
(2) The certificate that may be granted under subsection (1) by a court to an appellant to a Federal appeal is a certificate stating that, in the opinion of the court, it would be appropriate for the Attorney‑General to authorize a payment under this Act to the appellant in respect of the costs incurred by the appellant in relation to the appeal.
10 Costs certificates—incomplete proceedings
10 Costs certificates—incomplete proceedings
(1) This section applies to the High Court, the Federal Court, the Federal Circuit and Family Court of Australia and a court of a Territory.
(2) Subject to this Act, where any proceedings in a court to which this section applies are rendered abortive by reason that the person, or a person, before whom the proceedings are being conducted dies, resigns, or is removed or dismissed from, his or her office, suffers a protracted illness or otherwise becomes unable to continue with, or to give judgment in, the proceedings, the court may, on the application of a party to the proceedings, grant to that party a costs certificate in respect of the proceedings.
(3) Subject to this Act, where:
(a) the hearing of any proceedings in a court to which this section applies is discontinued and a new hearing is ordered; and
(b) the discontinuance and new hearing are not attributable to the neglect, default or improper act of any party to the proceedings;
the court may, on the application of a party to the proceedings, grant to that party a costs certificate in respect of the proceedings.
(4) The certificate that may be granted under subsection (2) or (3) by a court to a party to proceedings that have been rendered abortive or the hearing of which has been discontinued, as the case may be, is a certificate stating that, in the opinion of the court, it would be appropriate for the Attorney‑General to authorize a payment under this Act to that party in respect of such part as the Attorney‑General considers appropriate of any costs incurred by that party in relation to those proceedings.
(5) A reference in this section to proceedings in a court includes a reference to proceedings by way of an appeal to that court.
(1) Subject to this Act, if a review by the Administrative Review Tribunal of a decision has to be reheard because of paragraph 44(1)(a) or section 45, 46 or 47 of the Administrative Review Tribunal Act 2024, the Tribunal may, on the application of any party to the proceeding other than the person who made the decision that was subject to the review, grant to that party a costs certificate in respect of the application for review.
(2) The certificate that may be granted to a person under subsection (1) is a certificate stating that, in the Tribunal’s opinion, it would be appropriate for the Attorney‑General to authorise a payment under this Act to the person in respect of the costs incurred by the person in relation to the proceeding before the Tribunal.
(3) An appeal does not lie to any court from a refusal of the Tribunal to grant a costs certificate.
11 Costs of appeal include costs of earlier appeals
11 Costs of appeal include costs of earlier appeals
A reference in section 6, 7, 7A or 9 to the costs incurred by a person in relation to a Federal appeal shall, where the appeal is in a sequence of appeals that includes an earlier Federal appeal or earlier Federal appeals, be read as including a reference to the costs incurred by the person in relation to that earlier Federal appeal or all those earlier Federal appeals.
12 Costs certificates may be granted in Chambers
12 Costs certificates may be granted in Chambers
The jurisdiction conferred on a court by this Act to grant costs certificates may be exercised by a member of that court sitting in Chambers.
13 No appeal against refusal of costs certificate
13 No appeal against refusal of costs certificate
An appeal does not lie from a refusal of a court to grant a costs certificate.
14 Costs certificates not to be granted to certain persons
14 Costs certificates not to be granted to certain persons
(1) A court is not empowered by this Act to grant a costs certificate to:
(a) the Commonwealth;
(b) a State;
(c) the Northern Territory;
(d) a person suing, or being sued, on behalf of the Commonwealth, of any State or of the Northern Territory;
(e) an authority of the Commonwealth, of any State or of any Territory (including the Northern Territory and Norfolk Island)
This is an opening excerpt, not the complete document.