Suitors’ Fund Regulations 1965
Reprint 1: The Regulations as at 7 March 2003
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Suitors’ Fund Regulations 1965
CONTENTS
1.Citation1
2.Interpretation1
3.Indemnity certificate2
4.Applications to the Board3
5.Time within which application is to be made5
6.Board may extend time6
7.Board may require costs to be taxed6
8.Taxation of costs6
9.Board may require additional information7
10.Certificates and directions of the Board7
11.Secretary8
12.Board meetings8
13.Board may require production of court documents8
14.Prescribed amount — s. 11(3)(b)9
15.Prescribed amount s. 5(1)9
Schedule10
Notes
Compilation table20
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Reprinted under the Reprints Act 1984 as |
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Suitors’ Fund Act 1964
Suitors’ Fund Regulations 1965
These regulations may be cited as the Suitors’ Fund Regulations 1965 1.
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 in Gazette 18 Feb 1972 p. 364.]
(1)An indemnity certificate shall be in the form of Form 1 in the schedule
(1a)A costs certificate shall be in the form of Form 1a or 1b, as the case requires, in the schedule
(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
(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 in Gazette 18 Feb 1972 p. 364.]
(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
(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
(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
(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
(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
[Regulation 4 amended in 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
(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
(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
[Regulation 5 amended in Gazette 18 Feb 1972 p. 364.]
(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
(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
(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
(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
(3)An applicant to whom notice has been given in pursuance of subregulation (1) shall —
(a)within 6
(b)not less than 2
(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
9.Board may require additional information
The Board may require an applicant to produce to the Board such additional information in support of his
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.
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.
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 clerk or proper officer of a Court require the production or transmission to the Board of any file or papers in the custody of that clerk or proper officer that relate to any application then before the Board and the clerk of 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.
14.Prescribed amount s. 11(
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 in Gazette 10 Nov 1970 p. 3461.]
For the purposes of section 5(1) of the Act the prescribed amount payable to the proper officer of the appropriate Court is 20
[Regulation 15 inserted in Gazette 19 Dec 1980 p. 4295.]
Form 1
Suitors’ Fund Act 1964
In the Supreme Court
of
In the matter of the Suitors’ Fund Act 1964
and
In the matter of an appeal between
(Appellant)
and
(Respondent)
INDEMNITY CERTIFICATE
WHEREAS:
1.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, complaint, etc., as the case may be) against the abovenamed (respondent or appellant as the case may be):
2.On the day of 20 the said
(Set out substance of order.)
3.On the day of 20 the appellant appealed against the said
4.On the day of 20 the
(Set out substance of order or judgment.)
and thereby the said
5.On the day of 20 the respondent applied to this Court for an indemnity certificate in respect of the said
6.On the day of 20 this Court decided that an indemnity certificate be granted to the respondent in respect of the said
IT IS HEREBY CERTIFIED THAT the respondent be indemnified in respect of the costs of the said
Dated the day of 20 .
Judge.
Form 1a
SUITORS’ FUND ACT 1964
IN THE SUPREME COURT OF |
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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 QUEEN
Respondent
against
Appellant
(Accused)
COSTS CERTIFICATE PURSUANT TO SECTION 12A(
WHEREAS:
1.On the day of 20 the abovenamed appellant was convicted in the Court at of an indictable offence.
2.On the day of 20 the said
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 in Gazette 18 Feb 1972 p. 365.]
Form 1b
SUITORS’ FUND ACT 1964
IN THE SUPREME COURT OF |
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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(
WHEREAS:
1.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.
2.On the day of 20 the Supreme Court ordered that (set out the substances of order or judgment) and thereby the said
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 in 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, prosecutor or as the case may be)
and
(defendant or as the case may be).
CERTIFICATE PURSUANT TO SECTION 14(
WHEREAS:
1.On the day of 20 (civil or criminal as the case may be) proceedings were commenced by the abovenamed (plaintiff or as the case may be) against the abovenamed (defendant or as the case may be) in the (name of Court) at (place):
2.On the day of 20 the said
It is hereby certified that:
1.The reason why the said
(set out reason)
2.A new trial of the said
3.The said
Dated the day of 20 .
(Set out name of Judge, etc., under signature and capacity, e.g. “Judge of the Supreme Court”.)
Form 2a
SUITORS’ FUND ACT 1964
IN THE SUPREME COURT OF |
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(or as the case may be).
IN THE MATTER OF THE SUITORS’ FUND
ACT 1964,
and
IN THE MATTER OF CRIMINAL PROCEEDINGS BETWEEN
(Complainant or as the case may be)
and
(Accused or as the case may be)
CERTIFICATE PURSUANT TO SECTION 14(
WHEREAS:
1.On the day of 20 at proceedings in the above matter were commenced and were adjourned by or on behalf of the prosecution.
2.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
(ii)that such reason was not attributable in any way to the act, neglect or default of the accused or his
Dated the day of 20 .
PRESIDING JUDGE, MAGISTRATE
OR JUSTICE
(or as the case may be).
[Form 2a inserted in Gazette 18 Feb 1972 p. 366.]
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(
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., complaint information action or presentment) in the (name of Court) wherein
was (complainant or as the case may be)
and
was (defendant or as the case may be)
APPLICATION TO THE APPEAL COSTS BOARD BY THE COMPLAINANT (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 complainant (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 Mr. S.M., the Magistrate before whom the proceedings were had.)
(Where the application is made under section 14(
A certificate under section 14(
(Where the application is made under section 14(
A certificate under section 14(
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(
Dated the day of , 20 .
(Signature of Applicant.)
[Form 4 amended in Gazette 18 Feb 1972 p. 366.]
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(
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(
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(
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
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
Dated at
(Set out name under signature.)
Chairman, Appeal Costs Board.
Notes
1This reprint is a compilation as at 7 March 2003
Citation |
Gazettal |
Commencement |
Suitors’ Fund Regulations 1965 |
31 Aug 1965 p. 2551‑7 |
31 Aug 1965 |
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10 Nov 1970 p. 3461 |
10 Nov 1970 |
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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 Regulatiions 1965 as at 7 March 2003 (includes amendments listed above) |
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By Authority: JOHN A. STRIJK, Government Printer