Appeal Costs Fund Act 1968 (Tas)

Appeal Costs Fund Act 1968

An Act to make provision with respect to liability for the costs of certain litigation, to establish a Fund to meet that liability, and to provide for matters incidental thereto [Royal Assent 5 December 1968]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1. Short title and commencement (1) This Act may be cited as the Appeal Costs Fund Act 1968 . (2) This Act shall commence on a day to be fixed by proclamation.

2. Interpretation In this Act, unless the contrary intention appears – appeal includes a motion to review, a case stated for the opinion or determination of a superior court on a question of law, a question of law reserved in the form of a special case for the opinion of a superior court, a motion for a new trial, and any other proceeding in the nature of an appeal; appellant includes the next friend of an infant or person under disability and the guardian ad litem of a person; costs, in relation to an appeal, includes the costs of an application for an indemnity certificate in respect of an appeal but, except where otherwise expressly provided in this Act, does not include costs incurred in a court of first instance; court of summary jurisdiction has the meaning assigned to that expression by the Justices Act 1959 ; Director, MPES means the Director, Monetary Penalties Enforcement Service appointed under section 8 of the Monetary Penalties Enforcement Act 2005 ; Fund means the Appeal Costs Fund established under this Act; indemnity certificate means an indemnity certificate granted under section 8 or section 10 ; judicial officer means a judge or the Associate Judge of the Supreme Court, a magistrate, a commissioner of the Magistrates Court (Civil Division), the chairman of a court of general sessions, or two or more justices in petty sessions; proper officer, used in relation to a court, means – (a) in the case of the Supreme Court, the Registrar of the Supreme Court; (b) in the case of the Magistrates Court (Civil Division) or a court of general sessions, the registrar of that court; and (c) in relation to a court of summary jurisdiction, the clerk of petty sessions for the district in which the court is held; Registrar means the Registrar of the Supreme Court and includes the Deputy Registrar and the Assistant Deputy Registrar; respondent includes the next friend of an infant or person under disability and the guardian ad litem of a person; 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; Tribunal means the Tasmanian Civil and Administrative Tribunal.