Appeal Costs Fund Regulations 2023 (Tas)

Appeal Costs Fund Regulations 2023

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Appeal Costs Fund Act 1968 .

20 November 2023

B. BAKER

Governor

By Her Excellency's Command,

GUY BARNETT

Minister for Justice

PART 1 - Preliminary

1. Short title These regulations may be cited as the Appeal Costs Fund Regulations 2023 .

2. Commencement These regulations take effect on 11 December 2023.

3. Interpretation In these regulations – Act means the Appeal Costs Fund Act 1968 .

PART 2 - Fees and Maximum Amount Payable

4. Additional fees payable in Supreme Court For the purposes of section 5(1) of the Act, the prescribed fee is – (a) 30 fee units on the sealing of a writ to be issued out of the Supreme Court; or (b) 5 fee units on the filing of a claim in the Magistrates Court (Civil Division).

5. Additional fees payable in summary cases For the purposes of section 5(2) of the Act, the prescribed fee is 2 fee units.

6. Maximum amount payable from Fund (1) In this regulation – CPI figure for Hobart means the Consumer Price Index (All Groups) Number for Hobart published by the Australian Statistician under the authority of the Census and Statistics Act 1905 of the Commonwealth; percentage change, in relation to a financial year, means the percentage change between – (a) the average of the CPI figures for Hobart in respect of the 4 quarters ending on 31 December immediately preceding the financial year; and (b) the average of the CPI figures for Hobart in respect of the 4 quarters ending on 31 December immediately preceding the 4 quarters referred to in paragraph (a) ; subsequent financial year means a financial year after the financial year that ends on 30 June 2024. (2) For the purposes of section 7A of the Act, the maximum amount payable to a person in respect of an indemnity certificate, a certificate referred to in section 15(1)(c) of the Act, or some other entitlement conferred by the Act is – (a) for the financial year ending on 30 June 2024, $18 000; and (b) for a subsequent financial year – (i) the amount calculated by increasing the maximum amount payable for the immediately preceding financial year by the percentage change for the subsequent financial year; or (ii) if a maximum amount payable calculated under subparagraph (i) for a financial year is less than the maximum amount payable for the immediately preceding financial year, the maximum amount payable for the immediately preceding financial year. (3) A maximum amount payable, as set or calculated by this regulation, is to be published on a website, accessible to the general public, that is maintained by, or on behalf of, the Department while the maximum amount payable is in force.