Appeal Costs Fund Regulation 2024 (Qld)

Appeal Costs Fund Regulation 2024

Part 1 Preliminary

1 Short title This regulation may be cited as the Appeal Costs Fund Regulation 2024.

2 Commencement This regulation commences on 1 July 2024.

Part 2 Claim of payment from fund

3 Form and content of application for certificate for payment from fund An application made under section 14A of the Act must— (a) be in the approved form; and (b) be accompanied by— (i) if the application is a claim for a payment authorised by an indemnity certificate—the documents mentioned in section 4; or (ii) if the application is a claim for a payment authorised under section 22 of the Act—the documents mentioned in section 5; or (iii) if the application is a claim for a payment authorised under section 23 of the Act—the documents mentioned in section 6.

4 Documents to accompany claims for payments authorised by indemnity certificates For section 3(b)(i), the documents are— (a) the indemnity certificate; and (b) any order relating to costs claimed in the application; and (c) an itemised bill of costs for any costs, other than costs to which paragraph (b) applies, claimed in the application; and (d) a copy of any court order, other than an order mentioned in paragraph (b), the applicant intends to rely on for the application; and (e) a copy of any document evidencing the payment of costs claimed in the application; and (f) an affidavit or statutory declaration stating any other information the applicant intends to rely on for the application.

5 Documents to accompany claims for payments authorised by Act, s 22 For section 3(b)(ii), the documents are— (a) a copy of any order, transcript or certificate the applicant intends to rely on to establish the existence of a circumstance mentioned in section 22(2) of the Act; and (b) an itemised bill of costs, related to a proceeding mentioned in section 22(2) of the Act (the proceeding), that— (i) states all of the applicant's costs relating to the proceeding, including, for example, any new trial ordered; and (ii) identifies each cost that was thrown away or partly thrown away; and (c) a copy of any costs agreement between the applicant and the applicant's solicitor related to the proceeding; and (d) a copy of any disclosure of costs stating the cost incurred by the applicant for retaining a barrister for the proceeding; and (e) a copy of any order to pay additional costs of a new trial; and (f) a copy of a receipt, or other document, evidencing the payment of the applicant's costs relating to the proceeding, including, for example, any additional costs of a new trial; and (g) an affidavit or statutory declaration stating any other information the applicant intends to rely on for the application.