Commonwealth Consolidated Acts

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FEDERAL PROCEEDINGS (COSTS) ACT 1981 - SECT 8

Costs certificates--new trials

  (1)   Subject to this Act, where, in a Federal appeal that succeeds on a question of law, the court that heard the appeal grants a new trial in a cause of a civil nature, the court may, on the application of a party to the cause, grant to the party a costs certificate in respect of the new trial.

  (2)   Subject to this Act, where, in a Federal appeal, being a Federal appeal against a conviction (whether on indictment or otherwise) or a Federal appeal in a sequence of appeals which includes an appeal against a conviction (whether on indictment or otherwise), that succeeds on a question of law, the court that heard the Federal appeal grants a new trial of an accused person, the court may, on the application of the accused person, grant to the accused person a costs certificate in respect of the new trial.

  (3)   The certificate that may be granted under subsection   (1) or (2) to a party to a cause or to an accused person, as the case may be, by a court that has granted a new trial is a certificate stating that, in the opinion of the court, it would be appropriate for the Attorney - General to authorize a payment under this Act to that party or accused person in respect of such part as the Attorney - General considers appropriate of any costs incurred by that party or accused person in relation to the new trial.



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