These regulations may be cited as the Suitors’ Fund Regulations 1965.
2. Interpretation
In these regulations unless the contrary intention appears —
applicant means a person making an application for a certificate of the Board authorising payment of an amount out of the Fund or for a direction of the Board;
costs certificate means a costs certificate granted under section 12A of the Act;
indemnity certificate means an indemnity certificate granted under section 10 of the Act;
Secretary means the Secretary to the Board;
the Act means the Suitors’ Fund Act 1964.
[Regulation 2 amended: Gazette 18 Feb 1972 p. 364.]
3. Indemnity certificate
(1) An indemnity certificate shall be in the form of Form 1 in the schedule and shall be signed by the judge before whom the application for the certificate was made.
(1a) A costs certificate shall be in the form of Form 1a or 1b, as the case requires, in the schedule and shall be signed by a Judge of the Supreme Court.
(2) A certificate granted pursuant to section 14(1)(c) or (d) of the Act shall be in the form of Form 2 or 2a, as the case requires, in the schedule to these regulations and shall be signed by the presiding judge, magistrate or justice, as the case may be.
(3) A person to whom an indemnity certificate or a certificate under section 14(1)(c) of the Act is granted shall cause the indemnity certificate or certificate to be prepared and shall present it to the judge, or as the case may be, the presiding judge, magistrate or justice, for signature, together with a copy thereof which shall be filed by the proper officer of the Court with the file relating to the appeal or proceeding in respect of which the indemnity certificate or certificate was granted.
(3a) A person to whom a costs certificate is granted shall cause the certificate to be prepared and shall present it to a Judge of the Supreme Court for signature together with a copy thereof which shall be filed by the proper officer of the Court with the file relating to the appeal in respect of which the costs certificate was granted.
(4) Where a respondent to whom an indemnity certificate has been granted fails to comply with the provisions of subregulation (3), the appellant may cause the indemnity certificate to be prepared and presented to the judge for signature, together with a copy thereof which shall be filed in the manner prescribed in that subregulation.
[Regulation 3 amended: Gazette 18 Feb 1972 p. 364.]
4. Applications to the Board
(1) Subject to subregulation (2), a person who claims to be entitled to be paid any moneys out of the Fund may apply in writing to the Board in the form whichever of Forms 3 or 4 in the schedule is appropriate for a certificate of the Board authorising payment of the amount claimed out of the Fund.
(2) A person who seeks a direction of the Board pursuant to section 11(2) of the Act may apply in writing to the Board in the form of Form 5 in the schedule to these regulations for such a direction.
(3) A respondent may make an application under subregulations (1) and (2) in a form which combines Forms 3 and 5 in the schedule.
(4) An application under subregulation (1) or (2) shall contain a statement of the facts upon which the application is made and be signed by the applicant.
(5) An applicant shall lodge with his application —
(a) in the case of an application by a respondent to whom an indemnity certificate has been granted —
(i) the indemnity certificate, or where the indemnity certificate is not available, a copy thereof certified to be a true copy by the proper officer of the Supreme Court;
(ii) a copy, certified by the proper officer of the Court, of the judgment ordering the respondent to pay the appellant’s costs;
(iii) where the appellant’s costs have been ordered to be taxed — the certificate or allocatur, or, where the certificate or allocatur is not available, a certified copy thereof, of the Registrar of the Privy Council or other proper officer of the Privy Council, or of the Registrar of the High Court of Australia, or of the Taxing Master of the Supreme Court, as the case may be, certifying the amount at which the appellant’s costs have been taxed and allowed;
(iv) where the respondent’s costs have been taxed as provided in these regulations — the certificate of the officer by whom such costs have been taxed certifying the amount at which the respondent’s costs have been taxed and allowed;
(v) the receipt of the appellant or his solicitors for payment by the respondent of the amount of the appellant’s costs ordered to be paid by the respondent, or other evidence of such payment satisfactory to the Board;
(b) in the case of an application by an appellant in an appeal in which an indemnity certificate has been granted to a respondent — the documents referred to in subparagraphs (i), (ii) and (iii) of paragraph (a);
(ba) in the case of an application by an appellant in an appeal in which a costs certificate has been granted —
(i) the costs certificate or where the certificate is not available a copy thereof certified to be a true copy by the proper officer of the Supreme Court; and
(ii) where the applicant’s costs are required to be taxed the certificate, or allocatur or, where the certificate or allocatur is not available, a certified copy thereof, by the Taxing Master of the Supreme Court certifying the amount at which the appellant’s costs have been taxed and allowed;
(c) in the case of an application by a person to whom a certificate has been granted under section 14(1)(c) or (d) of the Act — the certificate or, where the certificate is not available, a copy thereof certified to be a true copy by the proper officer of the Court by which the certificate was granted;
(d) in the case of an application by a person under section 14(1)(a) or (b) of the Act — a copy, certified to be a true copy by the proper officer of the Court, of the order made by the Court in the proceedings or on the appeal, as the case may be;
(e) in the case of an application by a person under section 15 of the Act —
(i) a copy, certified to be a true copy by the proper officer of the Court, of the order of the Court ordering a new trial; and
(ii) the receipt of the appellant or his solicitors for payment by the respondent of the amount of the appellant’s costs ordered to be paid by the respondent, or other evidence of such payment satisfactory to the Board.
[Regulation 4 amended: Gazette 18 Feb 1972 p. 364.]
5. Time within which application is to be made
Every application under regulation 4 shall be made —
(a) in the case of an application made under section 10 of the Act — within 6 months after the date on which the appeal has succeeded in respect of which the indemnity certificate has been granted;
(b) in the case of an application made under section 14 or section 15 of the Act, other than an application by a person to whom a certificate has been granted under subsection (1)(d) of that section 14 — within 6 months after the new trial; or
(c) in the case of an application by a person to whom a certificate has been granted under subsection (1)(d) of section 14 of the Act — within 6 months after the date on which the proceeding is adjourned.
[Regulation 5 amended: Gazette 18 Feb 1972 p. 364.]
6. Board may extend time
(1) The Board may, upon application made to it in respect of any application under regulation 4, at any time extend the period of 6 months fixed by regulation 5 and may further extend any period fixed in pursuance of this regulation.
(2) The Board may impose such conditions as it thinks fit with respect to any extension granted under subregulation (1).
7. Board may require costs to be taxed
For the purposes of any application for payment from the Fund, the Board may require the applicant to have any of the costs to which his application relates taxed in accordance with regulation 8 by the taxing officer of the Court concerned or, to enable agreement to be reached between the Board and the applicant as to the amount of those costs, by an assessor nominated by the Board with the consent of the applicant.
8. Taxation of costs
(1) Where the Board in pursuance of regulation 7, requires an applicant to have any costs taxed by the taxing officer of the Court concerned, it shall cause notice in writing to that effect to be posted to the applicant at the address shown in his application.
(2) An applicant to whom such a notice is addressed may, unless a bill of those costs has already been delivered, request the solicitor who acted for him in the proceedings in which the costs were incurred to deliver to him a bill of the costs to which the notice relates and the solicitor shall within 14 days of being so requested and in accordance with such request deliver his bill of costs.
(3) An applicant to whom notice has been given in pursuance of subregulation (1) shall —
(a) within 6 months of receiving the notice obtain from the taxing officer of the Court concerned an appointment to tax a bill of the costs to which the notice relates; and
(b) not less than 2 days before the day appointed for the taxing of the bill of costs, cause notice in writing of the appointment to be given to the solicitor by whom the bill was delivered.
(4) The taxing officer shall proceed to tax the bill and shall permit the solicitor by whom the bill was delivered to attend the taxation but, in the absence of that solicitor, shall proceed to the taxation upon being satisfied that the solicitor has been given notice of the appointment in accordance with subregulation (3)(b).
(5) The taxing officer shall ascertain and tax the costs of and incidental to the taxation of any bill of costs in pursuance of this regulation, and those costs shall be paid by the applicant.
(6) The taxing officer shall certify in writing the amount at which he allows any bill of costs taxed in pursuance of this regulation and the amount at which he allows the costs of and incidental to the taxation of that bill.
9. Board may require additional information
The Board may require an applicant to produce to the Board such additional information in support of his application as it may think fit.
10. Certificates and directions of the Board
(1) Upon being satisfied that a payment out of the Fund is authorised by the Act and that the provisions of the Act and these regulations in relation to any claim for payment have been complied with, the Board shall issue a certificate setting out the sum which the person named therein is entitled to be paid and authorising the payment of such sum out of the Fund.
(2) Every certificate issued by the Board under subregulation (1) shall be signed by the Chairman of the Board or by a member of the Board authorised by the Board in that behalf and shall be in the form of Form 6 in the schedule.
(3) Every direction made by the Board pursuant to section 11(2) of the Act shall be in writing and shall be signed by the Chairman of the Board or by a member of the Board authorised in that behalf by the Board.
(4) Each certificate and direction shall forthwith be sent by the Secretary to the person in whose favour it has been issued.
11. Secretary
The Secretary shall —
(a) keep a register of all applications made to the Board for payment from the Fund;
(b) file all applications and documents lodged therewith;
(c) keep minutes of the meetings of the Board; and
(d) conduct such correspondence and other business as is directed by the Board.
12. Board meetings
The Board shall meet at such times and places as the Board determines or as are fixed by the Chairman and notified by the Secretary to the other members of the Board.
13. Board may require production of court documents
(1) The Board may by notice in writing to the registrar or proper officer of a Court require the production or transmission to the Board of any file or papers in the custody of that registrar or proper officer that relate to any application then before the Board and the registrar or proper officer concerned shall produce or transmit the file or papers accordingly.
(2) Any notice under subregulation (1) may be signed by the Secretary or other person authorised in that behalf by the Board.
[Regulation 13 amneded: Gazette 31 Jul 2007 p. 3806.]
14. Prescribed amount s. 11(3)(b)
For the purposes of section 11(3)(b) of the Act the amount payable from the Fund to any one respondent in respect of an indemnity certificate shall not in any case exceed the sum of $2 000.
[Regulation 14 inserted: Gazette 10 Nov 1970 p. 3461.]
15. Amount of levy prescribed (Act s. 5(1))
(1) In this regulation —
court fee regulations means —
(a) the Children’s Court (Fees) Regulations 2005; or
(b) the District Court (Fees) Regulations 2002; or
(c) the Magistrates Court (Fees) Regulations 2005; or
(d) the Supreme Court (Fees) Regulations 2002;
relevant process means —
(a) a writ of summons referred to in section 5(1)(a) of the Act; or
(b) a claim or originating process that commences a case referred to in section 5(1)(b) of the Act; or
(c) a summons or court hearing notice referred to in section 5(1)(c) of the Act.
(2) For the purposes of section 5(1) of the Act, the amount of $3.00 is prescribed for a relevant process.
(3) Subregulation (2) does not apply to a relevant process if, under court fee regulations —
(a) no fee is payable in respect of the filing or issuing of the relevant process; or
(b) a fee is payable in respect of the filing or issuing of the relevant process and —
(i) if the fee is payable by an individual — it is the eligible individual fee; or
(ii) if the fee is payable by an entity — it is the eligible entity fee.
[Regulation 15 inserted: SL 2020/261 r. 4.]
Schedule
Form 1
Suitors’ Fund Act 1964
In the Supreme Court
of Western Australia.
In the matter of the Suitors’ Fund Act 1964
and
In the matter of an appeal between
(Appellant)
and
(Respondent)
INDEMNITY CERTIFICATE
WHEREAS:
On the day of 20 , the abovenamed (appellant or respondent as the case may be) issued out of Court (name of Court) at (place) a (writ, summons, prosecution notice, etc., as the case may be) against the abovenamed (respondent or appellant as the case may be):
On the day of 20 the said Court ordered in favour of the respondent against the appellant that:
(Set out substance of order.)
On the day of 20 the appellant appealed against the said decision to (name of Court) (hereinafter called “the Appeal Court”) on grounds which included a question of law:
On the day of 20 the Appeal Court ordered that:
(Set out substance of order or judgment.)
and thereby the said appeal succeeded on a question of law:
On the day of 20 the respondent applied to this Court for an indemnity certificate in respect of the said appeal:
On the day of 20 this Court decided that an indemnity certificate be granted to the respondent in respect of the said appeal.
IT IS HEREBY CERTIFIED THAT the respondent be indemnified in respect of the costs of the said appeal pursuant to the provisions of the Suitors’ Fund Act 1964.
Dated the day of 20 .
Judge.
[Form 1 amended: Gazette 31 Jul 2007 p. 3806.]
Form 1a
SUITORS’ FUND ACT 1964
IN THE SUPREME COURT<br>OF WESTERN AUSTRALIA
brace
IN THE MATTER of the Suitors’ Fund Act 1964,
and
IN THE MATTER of an appeal against a conviction for an indictable offence between
The State of Western Australia
Respondent
against
Appellant
(Accused)
COSTS CERTIFICATE PURSUANT TO SECTION 12A(1) OF THE SUITORS’ FUND ACT 1964
WHEREAS:
On the day of 20 the abovenamed appellant was convicted in the Court at of an indictable offence.
On the day of 20 the said conviction was quashed by the Supreme Court without a new trial being ordered.
NOW IT IS HEREBY CERTIFIED that the Court grants to the appellant a costs certificate in respect of the costs of the appeal (or such part of the costs of the appeal being ).
Dated the day of 20 .
JUDGE.
[Form 1a inserted: Gazette 18 Feb 1972 p. 365; amended: Gazette 19 Apr 2005 p. 1301.]
Form 1b
SUITORS’ FUND ACT 1964
IN THE SUPREME COURT<br>OF WESTERN AUSTRALIA
brace
IN THE MATTER OF THE SUITORS’ FUND ACT 1964,
and
IN THE MATTER OF PROCEEDINGS BETWEEN
Appellant
and
Respondent
COSTS CERTIFICATE PURSUANT TO SECTION 12A(2) OF THE SUITORS’ FUND ACT, 1964.
WHEREAS:
On the day of 20 the abovenamed appellant appealed against a decision of the (name the Court) sitting at to the Supreme Court on grounds which included a question of law.
On the day of 20 the Supreme Court ordered that (set out the substances of order or judgment) and thereby the said appeal succeeded on a question of law.
NOW the Court further found that but for the provision of some other Act or law the Court would have made an order regarding the Appellant’s costs of the Appeal, against the Respondent.
The Order which the Court would have so made is:
(The Appellant’s costs of the Appeal to be fixed at and be paid by the Respondent.)
(The Appellant’s costs of the Appeal be taxed and be paid by the Respondent.)
(The Appellant’s costs of the Appeal to be taxed and (state proportion) thereof be paid by the Respondent.)
A costs certificate is granted to the Appellant.
Dated the day of 20 .
JUDGE.
[Form 1b inserted: Gazette 18 Feb 1972 p. 365.]
Form 2
Suitors’ Fund Act 1964
In the
(Court)
In the matter of the Suitors’ Fund Act 1964
and
In the matter of proceedings between
(plaintiff, claimant, prosecutor or as the case may be)
and
(defendant, accused or as the case may be).
CERTIFICATE PURSUANT TO SECTION 14(1)(c) OF THE SUITORS’ FUND ACT 1964
WHEREAS:
On the day of 20 (civil or criminal as the case may be) proceedings were commenced by the abovenamed (plaintiff, claimant, prosecutor or as the case may be) against the abovenamed (defendant, accused or as the case may be) in the (name of Court) at (place):
On the day of 20 the said proceedings were being heard in the said Court before (name of Judge, Magistrate or Justice) (hereinafter called “the presiding judicial officer”) and on the said date the said hearing was discontinued and a new trial ordered by the presiding judicial officer.
It is hereby certified that:
The reason why the said proceedings were discontinued was:
(set out reason)
A new trial of the said proceedings was ordered;
The said reason was not attributable in any way to the act, neglect or default of (in the case of civil proceedings) all or any one or more of the parties to the said proceedings or their legal practitioners (or in the case of criminal proceedings) the accused or his legal practitioner.
Dated the day of 20 .
(Set out name of Judge, etc., under signature and capacity, e.g. “Judge of the Supreme Court”.)
[Form 2 amended: Gazette 31 Jul 2007 p. 3806‑7.]
Form 2a
SUITORS’ FUND ACT 1964
IN THE SUPREME COURT<br>OF WESTERN AUSTRALIA
brace
(or as the case may be).
IN THE MATTER OF THE SUITORS’ FUND
ACT 1964,
and
IN THE MATTER OF CRIMINAL PROCEEDINGS BETWEEN
(Prosecutor or as the case may be)
and
(Accused or as the case may be)
CERTIFICATE PURSUANT TO SECTION 14(1)(d) OF THE SUITORS’ FUND ACT 1964
WHEREAS:
On the day of 20 at proceedings in the above matter were commenced and were adjourned by or on behalf of the prosecution.
I am satisfied that by reason of such adjournment the accused has necessarily incurred expense.
NOW I HEREBY CERTIFY:
(i) that the reason why the said proceedings were adjourned was
(ii) that such reason was not attributable in any way to the act, neglect or default of the accused or his counsel or solicitor.
Dated the day of 20 .
PRESIDING JUDGE, MAGISTRATE
OR JUSTICE
(or as the case may be).
[Form 2a inserted: Gazette 18 Feb 1972 p. 366; amended: Gazette 31 Jul 2007 p. 3807.]
Form 3
Suitors’ Fund Act 1964
In the matter of the Suitors’ Fund Act 1964
and
In the matter of an appeal between
(Appellant)
and
(Respondent)
APPLICATION TO THE APPEAL COSTS BOARD BY THE RESPONDENT
FOR A CERTIFICATE AUTHORISING PAYMENT OUT OF THE SUITORS’ FUND
I of in the State of (occupation) being the abovenamed respondent hereby apply to the Appeal Costs Board for a certificate for payment to me from the Suitors’ Fund of the following amounts:
(Set out in numbered paragraphs each amount claimed and whether it is claimed as appellant’s costs or as the case may be).
An indemnity certificate was granted to the abovenamed respondent in respect of the abovenamed appeal on the day of , 20 .
The facts on which this application is made are as follows:
The following documents are lodged with this application:
(Set out such of the documents referred to in Regulation 4(5) as are relevant).
Dated the day of , 20 .
(Signature of applicant.)
Form 4
Suitors’ Fund Act 1964
In the matter of the Suitors’ Fund Act 1964,
and
In the matter of a (state nature of proceedings, e.g., prosecution notice or application) in the (name of Court) wherein
was (prosecutor or as the case may be)
and
was (accused or as the case may be)
APPLICATION TO THE APPEAL COSTS BOARD BY THE PROSECUTOR (OR AS THE CASE MAY BE) FOR A CERTIFICATE AUTHORISING PAYMENT OUT OF THE SUITORS’ FUND PURSUANT TO SECTION 14 OR 15 OF THE ACT (AS THE CASE MAY BE)
I of in the State of (occupation) being the abovenamed prosecutor (or as the case may be) hereby apply to the Appeal Costs Board for a certificate for payment to me from the Suitors’ Fund of the following amounts:
(Set out in numbered paragraphs each amount claimed).
The ground on which this application is made is as follows:
(Set out ground, e.g., that the abovenamed proceedings were rendered abortive by the death of Magistrate , the Magistrate before whom the proceedings were had.)
(Where the application is made under section 14(1)(c), insert the following paragraph:
A certificate under section 14(1)(c) of the Act was granted to the applicant in respect of the abovenamed proceedings by (name of the presiding Magistrate, etc.) the presiding Magistrate (or as the case may be) on the day of , 20 ).
(Where the application is made under section 14(1)(d) of the Act insert the following paragraph:
A certificate under section 14(1)(d) of the Act was granted to the applicant in respect of the abovenamed proceeding by (name the presiding Magistrate, etc.,) the presiding Magistrate (or as the case may be) on the day of , 20 .)
The facts on which this application is made are as follows:
The following documents are lodged with this application:
(Set out such of the documents referred to in Regulation 4(5) as are relevant).
Dated the day of , 20 .
(Signature of Applicant.)
[Form 4 amended: Gazette 18 Feb 1972 p. 366; 31 Jul 2007 p. 3807.]
Form 5
Suitors’ Fund Act 1964
In the matter of the Suitors’ Fund Act 1964,
and
In the matter of an appeal between
(Appellant)
and
(Respondent)
APPLICATION TO THE APPEAL COSTS BOARD BY THE ABOVENAMED FOR A DIRECTION PURSUANT TO SECTION 11(2) OF THE ACT
I of
in the State of (occupation) being the above‑named hereby apply to the Appeal Costs Board for a direction that the sum of being costs not already paid by the abovenamed respondent be paid from the Suitors’ Fund for and on behalf of the above‑named respondent to .
An indemnity certificate was granted to the abovenamed respondent in respect of the abovenamed appeal on the day of , 20 .
The ground on which this application is made is:
(Set out ground, e.g., that the respondent unreasonably refuses to pay the appellant the costs referred to in section 11(1)(a) of the Act.)
The facts on which this application is made are as follows:
The following documents are lodged with this application:
(Set out such of the documents referred to in Regulation 4(5) as are relevant).
Dated the day of , 20 .
(Signature of applicant.)
Form 6
Suitors’ Fund Act 1964
In the matter of the Suitors’ Fund Act 1964,
and
In the matter of an appeal (or proceedings as the case may be) between
(appellant or as the case may be)
and
(respondent or as the case may be).
CERTIFICATE OF THE APPEAL COSTS BOARD
To the Treasurer of the State of Western Australia:
Pursuant to the Suitors’ Fund Act 1964 the Appeal Costs Board hereby certifies that the abovenamed of in the State of is entitled to be paid out of the Suitors’ Fund the sum of and authorises the payment of the said sum to the said out of the said Fund.
Dated at Perth this day of 20 .
(Set out name under signature.)
Chairman, Appeal Costs Board.
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Notes
This is a compilation of the Suitors’ Fund Regulations 1965 and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table.
Compilation table
Citation
Published
Commencement
Suitors’ Fund Regulations 1965
31 Aug 1965 p. 2551‑7
31 Aug 1965
10 Nov 1970 p. 3461
10 Nov 1970
18 Feb 1972 p. 364‑6
18 Feb 1972
Suitors’ Fund Amendment Regulations 1980
19 Dec 1980 p. 4295
1 Jan 1981 (see r. 2)
Reprint 1: Suitors’ Fund Regulations 1965 as at 7 Mar 2003 (includes amendments listed above)
Courts and Legal Practice (Consequential Amendments) Regulations 2005 r. 13
19 Apr 2005 p. 1294-302
19 Apr 2005
Suitors’ Fund Amendment Regulations 2007
31 Jul 2007 p. 3806-7
r. 1 and 2: 31 Jul 2007 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Aug 2007 (see r. 2(b))
Suitors’ Fund Amendment Regulations 2020
SL 2020/261 24 Dec 2020
1 Jan 2021 (see r. 2 and SL 2020/260 cl. 2)
Defined terms
[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]
Defined term Provision(s)
applicant 2
costs certificate 2
court fee regulations 15(1)
indemnity certificate 2
relevant process 15(1)
Secretary 2
the Act 2
Section 1 - Suitors' Fund Regulations 1965 - Suitors' Fund Regulations 1965 | Zoe