Suitors' Fund Regulations 1965

The regulations rest on a small set of recurring legal and administrative concepts that determine how claims are presented, validated and paid.

1. Certificates and forms. The regulations make certificates the primary gateway to Fund payments. An indemnity certificate (Form 1) must be signed by the judge who decides to grant it (Reg 3(1)); costs certificates are produced under s 12A of the Act and must be in Form 1a or 1b and signed by a Supreme Court judge (Reg 3(1a)); other judicial certificates under section 14 use Forms 2 or 2a (Reg 3(2)). The Board’s own payment authorisation is a written certificate in Form 6 (Reg 10(1)-(2)). Every certificate has a prescribed form and signature route, and must be filed on the relevant court file (Reg 3(3), (3a)).

2. Documentary prerequisites. An application to the Board must be in writing in Form 3 or 4 (or a combined form) and must set out the facts and be signed (Reg 4(1)-(4)). Regulation 4(5) lists specific documentary items an applicant must lodge depending on the statutory basis of the claim: indemnity certificates or costs certificates; certified copies of judgments, orders, allocaturs or taxation certificates; receipts showing payment of costs; and, when relevant, certified orders for a new trial or adjournment. The Board may require additional information (Reg 9).

3. Time limits and extensions. The regulations establish a default six‑month window for applications to the Board after the operative event (Reg 5). The Board has discretion to extend time and to impose conditions on the extension (Reg 6). Different triggers are identified in Reg 5 depending on whether the application arises under s 10, s 14(1)(d) or s 14/15 of the Act.

4. Taxation of costs. The Board may require an applicant to have costs taxed by the taxing officer of the relevant court or, with the applicant’s consent, by an assessor nominated by the Board (Reg 7). Regulation 8 prescribes the practical steps for taxation: notice to the applicant, the applicant’s right to request a bill from the solicitor, the timetable for obtaining a taxation appointment, notice to the solicitor, the taxing officer’s power to proceed in the solicitor’s absence, and the charging of taxation costs against the applicant (Reg 8(1)-(6)). The taxing officer must certify the amounts allowed (Reg 8(6)).

5. Board powers of inquiry. The Board may demand production or transmission of any court file or papers that relate to an application (Reg 13(1)) and may require additional supporting material (Reg 9). Notices to registrars may be signed by the Secretary or an authorised person (Reg 13(2)).

6. Monetary settings. Two prescribed amounts matter. Regulation 14 caps the amount payable from the Fund to any one respondent in respect of an indemnity certificate at $2,000. Regulation 15 prescribes a $3.00 levy on relevant court processes for the purposes of s 5(1) of the Act, but excludes processes where no fee is payable or where an eligible individual/entity fee applies under specified court fee regulations (Reg 15(2)-(3)).

7. Administrative roles. The Secretary is required to keep a register, file applications and documents, keep minutes of Board meetings and conduct correspondence as directed (Reg 11). The Board meets at times determined by it or the Chairman (Reg 12).

These concepts organise the flow of evidence and decision‑making: judicial certificates support applications; applicants must produce precise documentary proof; where costs are in dispute the Board can require formal taxation; the Secretary and Board enforce procedural compliance and channel information to the Treasurer for payment. Each rule constrains practical behaviour by identifying who must do what and when, and by fixing monetary and procedural boundaries.

The regulations allocate obligations and discretions across a set of parties. The principal affected groups are applicants (appellants, respondents, prosecutors), judicial officers, court officers and registrars, solicitors, taxing officers, the Board and its Secretary, and ultimately the Treasurer as the payor.

• Applicants. Any person who claims money from the Fund must apply in a prescribed form and supply specified documents (Reg 4(1)-(5)). Applicants include respondents who obtained an indemnity certificate, appellants benefitting from costs certificates, prosecutors seeking payments where proceedings were rendered abortive (Form 4) and persons invoking section 14 or 15 of the Act (Reg 4(2), (3)). Applicants bear evidential and documentary burdens: filing certificates, certified copies of orders, taxation certificates or allocaturs, and receipts proving payment of costs where required (Reg 4(5)(a)-(e)).

• Judicial officers. Judges, magistrates and justices sign the various certificates (Reg 3(1)-(2)). The judge before whom an indemnity certificate application was made must sign the indemnity certificate (Reg 3(1)). Supreme Court judges sign costs certificates (Reg 3(1a)). Presiding judges, magistrates or justices sign certificates under s 14(1)(c) and (d) (Reg 3(2)). Judicial officers therefore play a gatekeeping role: their signature is an essential prerequisite to the Board’s consideration and to filing on the court record (Reg 3(3), (3a)).

• Court officers and registrars. Proper officers of courts must be able to certify copies of documents for applicants, and registrars or proper officers must produce or transmit files or papers to the Board when required (Reg 4(5) and Reg 13(1)). The Secretary may issue notices to registrars requiring production and these may be signed by the Secretary or an authorised person (Reg 13(2)).

• Solicitors. Where costs are to be taxed, the solicitor who acted must deliver a bill within 14 days if requested by the applicant (Reg 8(2)). Solicitors may attend taxation proceedings and must be given notice (Reg 8(3)-(4)). The regulations also envisage that applicants may need to present receipts of payment to prove payment of costs (Reg 4(5)(a)(v), (e)(ii)).

• Taxing officers. The taxing officer of the relevant court is empowered to tax bills at the Board’s direction (Reg 7). The taxing officer certifies the amounts allowed for both the taxed costs and the costs incidental to taxation, and those taxation costs are to be paid by the applicant (Reg 8(5)-(6)).

• The Appeal Costs Board and its Secretary. The Board decides whether payment from the Fund is authorised, issues the certificate authorising payment (Form 6) and may give directions under s 11(2) of the Act in writing signed by the Chairman or authorised member (Reg 10(1)-(3)). The Secretary keeps a register of applications, files documents, keeps minutes and sends certificates/directions to recipients (Reg 10(4), Reg 11).

• The Treasurer. The Board’s Form 6 certificate is addressed to the Treasurer and authorises the Treasurer to make payment from the Fund (Form 6). Thus the Treasurer is the disbursing authority acting on the Board’s written certificate (Reg 10(1)-(2); Form 6).

• Persons involved in court fee collection. Regulation 15 prescribes a $3.00 levy on relevant processes, but delegates exemption decisions to the existing court fee regulations for Children’s Court, District Court, Magistrates Court and Supreme Court (Reg 15(1), (2)-(3)). That affects court users who pay filing fees and the courts that collect those fees.

Each of these actors faces procedural duties. Applicants must compile and certify particular documents within tight timelines; courts and registrars have production and certification obligations when requested by the Board; solicitors must prepare bills promptly on request; taxing officers must conduct and certify taxation; the Secretary must maintain registers; and the Treasurer pays only on a Board certificate. The distribution of responsibilities creates compliance burdens mainly on applicants, solicitors and court officers, and creates administrative tasks for the Secretary and Board.

The regulations allocate specific duties, rights and discretionary powers across participants. Below are the principal duties and the rights to which they correspond.

Duties imposed on applicants

• Use prescribed forms. An applicant must apply in writing using Form 3 or Form 4 as appropriate, or Form 5 where seeking a Board direction under s 11(2) (Reg 4(1)-(3)). The application must contain a statement of the facts and be signed (Reg 4(4)).

• Lodge supporting documents. Depending on the statutory basis of the claim, the applicant must lodge the indemnity certificate or costs certificate, certified copies of orders or allocaturs, certification of taxation outcomes, and receipts of payment by a respondent where required (Reg 4(5)(a)-(e)). Where certificates are not available, certified copies by the proper officer of the Court may be lodged (Reg 4(5)).

• Meet time limits. Applications are, as a rule, time‑barred unless brought within six months of the specified trigger (e.g., six months after the appeal succeeded for an indemnity certificate; Reg 5(a)-(c)). The Board has discretion to extend time (Reg 6).

• Comply with taxation directions. If the Board requires taxation of costs, applicants must obtain an appointment to have the bill taxed within six months of notice and give the solicitor at least two days’ written notice before taxation (Reg 8(3)(a)-(b)). Applicants must pay the costs of taxation (Reg 8(5)).

Duties on courts, judges and registrars

• Sign and file certificates. Judges and presiding judicial officers must sign the prescribed certificates; the applicant must present the certificate to the judge for signature and a copy must be filed on the court file by the proper officer (Reg 3(1)-(3a)).

• Produce files on notice. Registrars or proper officers must produce or transmit any file or papers relating to an application to the Board when the Board issues a written notice (Reg 13(1)).

Duties on solicitors

• Deliver bills. If requested by an applicant after notice from the Board, the solicitor who acted must, within 14 days, deliver a bill of costs for taxation (Reg 8(2)).

Duties on taxing officers

• Tax promptly and certify. The taxing officer must proceed to tax the bill, permit attendance by the solicitor, and certify in writing the amounts allowed both for the taxed items and the taxable costs of the taxation itself (Reg 8(4)-(6)).

Duties on the Board and its Secretary

• Issue certificates and directions. The Board issues a certificate authorising payment from the Fund when satisfied the Act and regulations have been complied with (Reg 10(1)-(2)). Directions under s 11(2) must be in writing and signed (Reg 10(3)). The Secretary must send certificates and directions to recipients (Reg 10(4)).

• Administrative maintenance. The Secretary must keep a register of all applications, file applications and accompanying documents, keep minutes of Board meetings, and carry out correspondence as directed (Reg 11).

Rights and discretions

• Board discretion on time extension and conditions. The Board can extend the six‑month application period and impose conditions on that extension (Reg 6(1)-(2)).

• Board discretion to require taxation or an independent assessor. The Board may require taxation by the court’s taxing officer or nominate an assessor with the applicant’s consent to enable agreement on amounts (Reg 7).

• Taxing officer’s discretion to proceed. The taxing officer has the discretion to proceed with taxation even if the delivering solicitor is absent, provided the taxing officer is satisfied proper notice has been given (Reg 8(4)).

• Registrar duty obliged by notice. The registrar/proper officer has the statutory duty to produce files when the Board serves notice (Reg 13(1)), thereby limiting a registrar’s ability to resist a Board demand.

Monetary rights and limits

• Recipient right to payment. If the Board is satisfied the Act and regulations are complied with, the Board must issue a certificate authorising payment from the Fund (Reg 10(1)). Payment is made via the Treasurer on the Board’s certificate (Form 6).

• Cap on indemnity payment. The amount payable from the Fund to any one respondent in respect of an indemnity certificate is capped at $2,000 (Reg 14).

• Levy collection power. The regulations prescribe a $3 levy on defined relevant processes (Reg 15(2)), with specified exemptions (Reg 15(3)).

Procedural rights for those facing taxation

• Right to attend taxation. The solicitor by whom the bill was delivered has the right to attend taxation (Reg 8(4)).

These duties and powers structure the pathway to payment. Applicants have to provide tightly defined proof and follow the taxation timetable if required. The Board exercises supervisory discretions (extensions, taxation direction, conditional extensions) but must base payment on compliance with the Act and these regulations (Reg 10(1)). The Secretary’s administrative functions support that decision‑making.

The regulations are largely procedural and do not themselves create criminal penalties or administrative fines. They create enforcement mechanics for the Board’s handling of claims and allocate obligations enforceable by administrative action rather than penalty regimes.

Enforcement mechanisms in the regulations

• Documentary compliance as a precondition to payment. The Board will issue a certificate authorising payment only when it is satisfied that payment is authorised by the Act and that the provisions of the Act and these regulations have been complied with (Reg 10(1)). This makes regulatory compliance a practical enforcement tool: non‑compliance delays or prevents disbursement.

• Taxation of costs and allocation of taxation costs. The Board can direct taxation of costs (Reg 7). Under Reg 8(5), the applicant pays the costs of taxation. That creates a monetary consequence for applicants who resist or trigger taxation procedures; the cost of taxation is payable by the applicant regardless of outcome.

• Production of court documents on notice. The Board may require production or transmission of any court file or papers related to an application and the registrar or proper officer must comply (Reg 13(1)). Non‑compliance by a registrar would put the registrar in breach of the regulation; while the regulations do not specify enforcement steps against registrars, courts generally have mechanisms for compliance with statutory notices, and non‑production will obstruct the applicant’s ability to obtain payment.

• Secretary’s register and filing. The Secretary must keep a register and file applications and documents (Reg 11). The existence of a register and filing system supports administrative oversight and auditability of claims, which is an indirect enforcement mechanism.

No penalties prescribed in these regulations

• The regulations do not prescribe fines, sanctions, or criminal offences for failure to comply with an applicant’s duties (e.g., failure to deliver a required certified copy) or for false statements in applications. Where the Act may contain penal provisions, those are outside the text of the regulations and are not reproduced in this instrument.

• The regulations do not specify appeal rights or judicial review mechanisms in respect of Board decisions. That absence in the regulations does not preclude statutory or common law avenues for review available elsewhere, but the regulations themselves are silent on remedies or appeals. Practitioners should consult the Act and administrative law principles for remedies against Board decisions.

Practical enforcement consequences

• Administrative delay and refusal. The practical consequence of non‑compliance is that the Board will not be satisfied and will not issue a payment certificate (Reg 10(1)). That is the primary enforcement lever.

• Payment obligations for taxation. If an applicant is required to have costs taxed, the applicant must bear the taxation costs (Reg 8(5)), creating a direct financial disincentive to avoid taxation if the Board requires it.

• Power to require documents. The Board’s statutory demand on registrars for files (Reg 13(1)) is an administrative enforcement mechanism to secure evidence.

In summary, enforcement under these regulations is implemented through administrative prerequisites to payment, cost allocation for taxation, and mandatory cooperation by court officers. There are no express penal sanctions in the regulations themselves; compliance is enforced by withholding certification for payment and by imposing process costs.

The regulations repeatedly cross‑refer to the Suitors’ Fund Act 1964 (the Act) for substantive authority and rely on other court fee instruments to determine levy exemptions. The prescribed interactions are narrowly functional and procedural.

Interaction with the Suitors’ Fund Act 1964

• The regulations operationalise multiple sections of the Act. For example, they provide forms for certificates under s 10 (indemnity certificate, Reg 3(1) and Form 1), s 12A (costs certificate, Reg 3(1a) and Forms 1a and 1b), and s 14(1)(c) and (d) (Reg 3(2); Forms 2 and 2a). Regulation 10 implements the Board’s duty under the Act to issue certificates and directions (Reg 10(1)-(3)). Regulation 15 expressly states it is for the purposes of s 5(1) of the Act that $3 is prescribed as the levy amount (Reg 15 heading and (2)).

• Time limits in the regulations (Reg 5) reflect and specify the periods referred to in the Act for applications to the Board, by fixing them at six months from the relevant event.

Interaction with court fee regulations

• Regulation 15(1) defines “court fee regulations” to include the Children’s Court (Fees) Regulations 2005, District Court (Fees) Regulations 2002, Magistrates Court (Fees) Regulations 2005 and Supreme Court (Fees) Regulations 2002. Regulation 15(2) prescribes $3.00 for a “relevant process” for the purposes of s 5(1) of the Act, and Reg 15(3) excludes relevant processes where under the court fee regulations no fee is payable or where the eligible individual/entity fee applies. This ties levy collection and exemptions to fee designations in those separate instruments, so changes in those court fee regulations (e.g., changes to eligible individual/entity fees) affect the applicability of the $3 levy.

Interaction with court practice and taxation procedures

• Taxation of costs is to be carried out by the taxing officer of the Court concerned at the Board’s direction (Reg 7). This places the regulation within the broader procedural rules and powers of courts to tax bills of costs. The taxing officer’s certification (Reg 8(6)) will feed into the Board’s decision whether to authorise payment; that links ordinary taxation practice to the Board’s administrative function.

Interaction with registrars and records law

• The Board’s power to require production or transmission of files from registrars (Reg 13(1)) interacts with the duties of registrars and the record keeping rules of courts. The regulations require registrars to comply with such notices. Any confidentiality, copy fees or access restrictions in other laws or court rules need reconciliation when the Board issues such notices; the regulations themselves impose an obligation to produce.

Administrative and financial interaction

• The Board’s Form 6 certificate is directed to the Treasurer, who disburses funds (Form 6; Reg 10(1)). Payments therefore pass from the judicial and administrative processes into public finance mechanisms. The regulations do not set accounting or audit obligations for the Treasurer, but the Treasurer’s disbursement on Board certificate interacts with State financial controls outside these regulations.

Scope limitations

• The regulations do not amend or displace the Act’s substantive criteria for entitlement to Fund payments; they are procedural. They also do not operate to create or modify court fee structures except by prescribing a $3 levy for s 5(1) purposes and delegating exemptions to the listed court fee regulations (Reg 15).

Practitioner implications

• Lawyers and registrars must consult the relevant court fee regulations to determine whether a particular process attracts the $3 levy or is exempt under eligible individual/entity fees (Reg 15(1)-(3)). Solicitors and applicants must also be aware of court rules on certification and taxation practice because Reg 8 relies on existing taxation procedures and the taxing officer’s role.

In short, the regulations link the Act to day-to-day court processes, cost taxation practice and court fee instruments. They rely on other laws and court instruments for fee definitions, taxation mechanisms and court records practices.

The compilation table appended to the regulations records a sequence of amendments and reprints from 1965 to 2020. The key amendment milestones and their practical effects in the text are as follows.

Original instrument and early amendments

• The Suitors’ Fund Regulations 1965 were published and commenced on 31 August 1965 (Compilation table). The regulations have been revised multiple times since.

• A significant monetary provision, Regulation 14 (the $2,000 cap on payments to any one respondent for indemnity certificates), was inserted on 10 November 1970 (Gazette 10 Nov 1970 p. 3461), as indicated by the note “[Regulation 14 inserted: Gazette 10 Nov 1970 p. 3461]”.

• Further amendments to definitions and forms occurred on 18 February 1972, including the amendment noted to Regulation 2 and modifications to forms (Gazette 18 Feb 1972 p. 364‑6).

Later amendments and consequential changes

• The Suitors’ Fund Amendment Regulations 1980 were published 19 December 1980 and commenced 1 January 1981 (see r. 2), indicating structural or procedural amendments implemented at that time (Compilation table entry for 1980). The compilation includes a reprint as at 7 March 2003 that incorporates amendments up to that date.

• The Courts and Legal Practice (Consequential Amendments) Regulations 2005, r. 13, were published 19 April 2005 and commenced 19 April 2005 (Compilation table). This is reflected in amendments to the regulations in 2005; for instance, Form 1a was amended in 2005 (Form 1a note: amended Gazette 19 Apr 2005 p. 1301).

• The Suitors’ Fund Amendment Regulations 2007 (Gazette 31 Jul 2007 p. 3806‑7) made several amendments that commenced 31 July 2007 (r. 1 and 2) and other parts on 1 August 2007. The marginal notes show those amendments affected Forms 1 and 2 (Reg 3 and Forms 2 were amended: Gazette 31 Jul 2007 p. 3806‑7).

• Most recently, the Suitors’ Fund Amendment Regulations 2020 (SL 2020/261) were published 24 December 2020 and commenced 1 January 2021 (see r. 2 and SL 2020/260 cl. 2). Regulation 15, which prescribes the amount of the levy and ties exemptions to specified court fee regulations, was inserted by the 2020 amendment (Reg 15 inserted: SL 2020/261 r. 4). The new Regulation 15 thus modernised the levy setting and explicitly connected levy exemptions to current court fee instruments.

Form‑level amendments

• Forms have been amended and added over time. For example, Forms 1a and 1b were inserted in 1972 to give effect to s 12A costs certificates (Form 1a inserted: Gazette 18 Feb 1972 p. 365; Form 1b inserted: Gazette 18 Feb 1972 p. 365). Form 1a was later amended in 2005. Form 2a (for s 14(1)(d) certificates in criminal proceedings) was inserted in 1972 and later amended in 2007 (Form 2a inserted: Gazette 18 Feb 1972 p. 366; amended: Gazette 31 Jul 2007 p. 3807).

Implications of amendment history

• The 2020 insertion of Reg 15 is particularly relevant to practitioners because it fixes the monetary levy at $3 and links exemptions to the fee status under a named set of court fee regulations (Children’s Court, District Court, Magistrates Court, Supreme Court fee regulations). That change affects how filing fees and the Fund levy interact.

• Amendments to forms and certification practices reflect adjustments to reflect judicial and court procedural changes (for example, the addition of separate costs certificate forms for different statutory circumstances).

Where to look for legislative change

• The compilation table lists the statutory instruments and dates of commencement. Practitioners should check the Western Australian legislation database and consolidated reprints to confirm whether newer amendments have been made since SL 2020/261. The compilation table here runs through the 2020 amendments and notes a reprint as at 7 March 2003; subsequent reprints or consolidations should be checked in official databases.

In short, the regulations have been periodically updated to add forms, fix monetary values, and link levy treatment to modern court fee instruments. The most material recent amendment inserted the $3 levy prescription and cross‑references to fee regulations in 2020 (Reg 15).

The regulations themselves do not list any litigation history or reported cases. The instrument contains no citations to court decisions, and no cases are named in the body of the regulations, schedules or compilation table.

What the source tells us

• The text provides forms, procedural steps and ministerial/administrative settings but contains no references to judicial interpretation or appeals concerning the regulations. The only named judicial role is the signatory role of judges, magistrates and justices for the various certificates (Reg 3(1)-(3), Forms 1, 1a/1b, 2, 2a), not case names.

How to find litigation if necessary

• Because the regulations implement provisions of the Suitors’ Fund Act 1964, litigation or judicial review relating to the Board’s exercise of discretion, the correctness of payments, or the interpretation of the Act may appear in broader case law. To locate any cases involving the Board’s procedures or the effect of the regulations, practitioners should search Western Australian case law databases (for example, AustLII, Jade, LexisNexis AU or Westlaw AU) for cases referencing the Suitors’ Fund Act 1964, “Appeal Costs Board”, the forms (e.g., “indemnity certificate”), or s 10, s 11, s 12A, s 14 and s 15 of the Act. Also useful is searching judicial decisions for disputes about taxation of costs that mention the Board’s directions under Reg 7 and Reg 8.

Absence of litigation in this text

• The absence of litigation references in the regulations is not evidence that no disputes have ever arisen about their operation; it simply means the regulations themselves do not record or summarise judicial review or appeals. The administrative nature of the Board’s functions suggests most controversies will either be resolved administratively or appear in standard court records rather than in the regulations.

Practical note

• If clients require precedent‑level guidance on how courts have treated disputes about Board decisions, costs certificates, indemnity certificates or the capping provision in Reg 14, counsel should undertake targeted case law research using statutory citations and key terms from the regulations. This regulation text provides the procedural map and statutory cross‑references to guide that research.

The regulations contain numerous procedural traps for unprepared applicants and court officers. Below are the principal “gotchas” practitioners should watch for, grounded in the text.

1. The six‑month clock and extension conditions. Applications to the Board are normally required within six months of the relevant trigger (Reg 5). Although the Board can extend time (Reg 6(1)), any extension may be conditional (Reg 6(2)). Practitioners should not assume that extension is automatic; if an application is late, obtain Board guidance and be prepared to accept or negotiate conditions linked to the extension.

2. Strict documentary regime and certified copies. Regulation 4(5) sets out an extensive list of documents that must accompany an application, and in several instances the regulation requires certified copies by the proper officer of the Court where the original is not available (Reg 4(5)(a)(i), (ii), (iii), (c), (d), (e)(i)). Submitting uncertified or incomplete documents may cause refusal or delay.

3. Judges must sign original certificates and a copy must be filed on the court file. An indemnity or costs certificate must be presented for the judge’s signature and a copy filed by the proper officer of the Court with the file relating to the appeal or proceeding (Reg 3(3), (3a)). If a respondent fails to present the indemnity certificate for signature, an appellant may do so (Reg 3(4)). Failure to follow these steps can leave the certificate technically unsigned and unfiled.

4. Taxation costs fall on the applicant. If the Board requires taxation, the applicant must initiate taxation within prescribed timeframes and must pay the costs of taxation (Reg 8(3)(a), 8(5)). There is a real risk that a successful applicant will still incur taxation costs payable out of their own pocket if the Board directs taxation.

5. Solicitor delivery obligations on short notice. Once the Board directs taxation and notice is posted to the applicant, the applicant must request the solicitor to deliver the bill; the solicitor then has 14 days to comply (Reg 8(2)). Missing these timings risks the taxing officer proceeding in the solicitor’s absence (Reg 8(4)).

6. Taxing officer may proceed without solicitor. If the solicitor does not attend, the taxing officer may proceed provided satisfied proper notice was given (Reg 8(4)). Practitioners should ensure notices are properly served and documented.

7. Cap on indemnity payments does not equal costs cap. Regulation 14 caps the amount payable to any one respondent in respect of an indemnity certificate at $2,000. That cap is a statutory ceiling on Fund disbursements, not necessarily a reflection of total costs incurred. Applicants should not assume full recovery of taxed or ordered costs if they exceed $2,000 (Reg 14).

8. Levy exemptions depend on separate legislation. The $3 levy prescribed in Reg 15(2) does not apply if the relevant process attracts no filing fee or an eligible individual/entity fee under specified court fee regulations (Reg 15(3)). Practitioners must consult the current versions of those court fee instruments to determine whether a particular filing attracts the levy.

9. Board’s power to require assessor with consent. The Board may appoint an assessor to determine costs “to enable agreement to be reached” but only with the applicant’s consent (Reg 7). If the applicant declines, the Board can require taxation instead. This can influence negotiation strategy.

10. Registrar production notice must be complied with but may have practical friction. Reg 13(1) requires registrars or proper officers to produce files on notice. In practice, issues can arise with access to archived files, file retrieval fees or confidentiality; those practical obstacles are not addressed in the regulations and must be managed on a case‑by‑case basis.

11. Multiple statutory pathways with different documentary requirements. Applications under different sections of the Act (s 10, s 14(1)(c)/(d), s 15) trigger different documentary checklists in Reg 4(5). Practitioners must identify the correct statutory basis for the claim and assemble the matching documentary set; mixing elements or omitting the right certificate will stall the Board’s assessment.

12. Who must prepare certificates. The person to whom an indemnity or costs certificate is granted must cause it to be prepared and present it for signature (Reg 3(3), (3a)). This shifts administrative work onto the recipient rather than to court officers.

13. The Board’s decisions not directly addressed by the regulations. The regulations do not set internal timetables for the Board’s determination, nor do they establish an appeals process against Board decisions within the regulations themselves. Applicants should not assume an expeditious decision or an internal appeal mechanism beyond sought judicial review or statutory appeal rights under other laws.

Being alert to these procedural specifics materially reduces risk of delay or loss. Each “gotcha” comes directly from a regulatory provision and reflects how failure to follow the specified procedural path impedes entitlement to a Fund payment.

This section sets out a pragmatic, step‑by‑step compliance checklist based on the regulations. It is organised by the common scenarios: (A) respondent with an indemnity certificate; (B) appellant with a costs certificate; (C) prosecutor or other applicant under s 14 or s 15; and (D) general steps for taxation requirements and levy matters.

A. Respondent with an indemnity certificate (typical workflow)

1. Ensure a judge has granted an indemnity certificate in Form 1 and that the judge signs it (Reg 3(1), Form 1). If the certificate is not yet prepared, the recipient must prepare it and present it for signature (Reg 3(3)).

2. File a copy. Ensure the proper officer of the Court files a copy of the signed certificate with the appeal or proceeding file (Reg 3(3)).

3. Assemble supporting documents for the Board application (Form 3). Under Reg 4(5)(a) this will typically include:

   • the indemnity certificate or a certified copy if the original is not available (Reg 4(5)(a)(i));
   • a certified copy of the judgment ordering the respondent to pay the appellant’s costs (Reg 4(5)(a)(ii));
   • if costs were taxed, the allocatur or taxation certificate or a certified copy thereof from the appropriate taxing master or officer (Reg 4(5)(a)(iii));
   • if the respondent’s costs were taxed, the taxation officer’s certificate showing the amount allowed (Reg 4(5)(a)(iv));
   • a receipt from the appellant or the appellant’s solicitors proving payment by the respondent of the ordered costs, or other evidence satisfactory to the Board (Reg 4(5)(a)(v)).

4. Complete Form 3, insert factual grounds and list attached documents, sign the application (Reg 4(1), (4), Form 3).

5. Lodge the application with the Board and ensure the Secretary receives it. The Secretary keeps a register and files the application (Reg 11(a)-(b)).

6. If the Board issues a notice requiring taxation of costs, act promptly under Reg 8: request a bill from your solicitor (if not already delivered) within the 14‑day window and obtain an appointment to tax within six months of receiving the notice (Reg 8(2)-(3)). Ensure you give the solicitor at least two days written notice of the taxation appointment (Reg 8(3)(b)).

7. If the taxing officer proceeds to tax, secure the taxing officer’s written certificate of the amount allowed (Reg 8(6)). Include that certificate in the Board’s application if taxation is completed.

8. When the Board is satisfied, it will issue a certificate in Form 6 authorising payment to you from the Fund; the Secretary will forward that certificate as required (Reg 10(1)-(2), (4); Form 6). Payment will be made by the Treasurer on the Board’s certificate.

B. Appellant with a costs certificate

1. If a costs certificate has been granted under s 12A, ensure it is in Form 1a or 1b and is signed by a Supreme Court judge (Reg 3(1a), Forms 1a and 1b).

2. Prepare the costs certificate and present it to the Supreme Court judge for signature, and ensure a copy is filed with the proper officer on the appeal file (Reg 3(1a), (3a)).

3. If costs require taxation before the Board will authorise a payout, follow the taxation steps in Part D below (Reg 8).

4. Lodge your application to the Board (Form 5, where seeking a direction under s 11(2), or applicable Form 3/4 if seeking payment) with the required supporting documents, including the costs certificate and taxation certificates where necessary (Reg 4(5)(ba)).

C. Prosecutor or other applicant under s 14 or s 15

1. Identify the correct statutory basis (s 14(1)(c) or (d) or s 15) and obtain the relevant judicial certificate in Form 2 or 2a (Reg 3(2), Forms 2/2a).

2. Ensure the presiding judge/magistrate/justice signs the certificate and that a copy is filed with the court file (Reg 3(2), (3)).

3. For applications under s 14, include the certificate or certified copy and other documents required by Reg 4(5)(c) or (d). For s 15 applications include the certified order for a new trial and receipts of payment where relevant (Reg 4(5)(c)-(e)).

4. Lodge Form 4 (application by prosecutor or as the case may be) listing amounts claimed and supporting facts and documents (Reg 4(1), Form 4).

D. Taxation procedure and practical obligations

1. If the Board requires taxation of costs (Reg 7), expect a written notice to be posted to the applicant (Reg 8(1)). Keep a record of receipt.

2. Request the solicitor who acted to supply a bill if one has not already been delivered (Reg 8(2)). The solicitor must supply the bill within 14 days of the request.

3. Obtain an appointment to tax the bill within six months of receiving the Board’s notice (Reg 8(3)(a)). Provide written notice of the appointment to the solicitor not less than two days before taxation (Reg 8(3)(b)).

4. Attend the taxation, or ensure the solicitor attends. If the solicitor does not attend and the taxing officer is satisfied notice was given, the taxing officer may proceed in the solicitor’s absence (Reg 8(4)).

5. Pay the costs of and incidental to the taxation as required , those costs are payable by the applicant (Reg 8(5)).

6. Obtain the taxing officer’s written certificate setting out the amounts allowed for the bill and for taxation costs (Reg 8(6)). Include these certificates in the Board papers.

E. Levy compliance for filing processes

1. For each “relevant process” (as defined in Reg 15(1): writs, originating processes, summons or hearing notices referred to in s 5(1) of the Act) include the $3 levy unless the filing falls within an exemption under the court fee regulations listed in Reg 15(1)-(3).

2. Check the applicable court fee regulations for whether no fee is payable or whether the process attracts an eligible individual/entity fee; if so, the Reg 15(2) $3 levy does not apply (Reg 15(3)). The named instruments are the Children’s Court (Fees) Regulations 2005, District Court (Fees) Regulations 2002, Magistrates Court (Fees) Regulations 2005 and Supreme Court (Fees) Regulations 2002 (Reg 15(1)).

F. Practical recordkeeping and procedural tips

1. Keep certified copies and original receipts: the Board accepts certified copies where originals are not available, but the regulations require certification by the proper officer of the Court in several instances (Reg 4(5)).

2. Document service and postage: where notices are required to be posted or given (Reg 8(1), Reg 13(1)), keep proof of posting or service to avoid disputes about notice and to enable the taxing officer to proceed if appropriate.

3. Liaise early with solicitors to secure bills and obtain allocaturs/taxation certificates quickly. Delays in solicitor compliance create downstream difficulty with taxation timetables and Board certification.

4. Expect the Secretary to maintain a register and to file documents: use the Secretary’s records to track progress (Reg 11(a)-(b)).

5. If a registrar-produced file is required, contact the registrar early to ensure file retrieval, any copying fees and confidentiality procedures are addressed so the Board’s notice under Reg 13 can be complied with promptly.

Following these steps, in line with the specific regulatory citations (Reg 3, Reg 4(5), Reg 5-8, Reg 10-13, Reg 14, Reg 15), gives the best practical chance of securing a timely Board certificate and payment from the Fund.