Suitors’ Fund Act 1951 (NSW)

Suitors' Fund Act 1951 No 3

An Act to make further and better provision in respect of the liability for costs of certain litigation; to establish a Suitors' Fund to meet such liability; and for purposes connected therewith.

1 Name of Act and commencement (1) This Act may be cited as the Suitors' Fund Act 1951. (2) This Act shall commence upon a day to be appointed by the Governor and notified by proclamation published in the Gazette.

2 Definitions (1) In this Act, unless the context or subject matter otherwise indicates or requires: Appeal includes any motion for a new trial and any proceeding in the nature of an appeal. Corporation has the same meaning as it has in the Corporations Act 2001 of the Commonwealth. Costs, when used in relation to an appeal in respect of which an indemnity certificate is granted, includes: (a) the costs of the application for the indemnity certificate but, except as provided by paragraph (b) of this definition, does not include costs incurred in a court of first instance, (b) where a new trial is ordered upon the appeal, the costs of the first trial. Court includes such tribunals or other bodies as are prescribed. Director-General means: (a) the Director-General of the Attorney General's Department, or (b) any person employed within that Department who is authorised in writing by the Director-General to exercise the powers and perform the functions of the Director-General under this Act. Fund means the Suitors' Fund established under this Act. Indemnity certificate means an indemnity certificate granted under section 6 (1), (1A) or (1AA) or 6B. Land and Environment Court means the Land and Environment Court constituted under the Land and Environment Court Act 1979. Legally assisted person has the meaning ascribed thereto in section 4 (1) of the Legal Services Commission Act 1979. 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 decision in that other appeal. Supreme Court means the Supreme Court of New South Wales or a judge thereof. (2) This Act applies to and in respect of: (a) a court, (b) an appeal to or from a court, (c) proceedings or actions before a court, and (d) a decision of a court, exercising State or federal jurisdiction.