Applications under section 22
For an application to be presented to the Appeal Costs Board under Section 22 of the Appeal Costs Fund Act 1973, the following documents are required:
(1) An application in Form 9 to be completed by and signed by the applicant.
If you are a solicitor applying on behalf of Legal Aid Queensland, you may complete the application in your own name. Please ensure that the application stipulates that payment should be made to Legal Aid Queensland.
If you are a solicitor who acted on behalf of a client:
- who did not receive assistance from Legal Aid Queensland
- who has not paid your fees
- who, for whatever reason, cannot sign the application form
- who has authorised you to act on their behalf in making the application to the board
you may apply on your client's behalf, provided that you submit sworn evidence of those facts
(2) a copy of the any order or transcript evidencing a fact mentioned in s22(1)(a) of the Act;
(3) a copy of any order or transcript evidencing a fact mentioned in s22(1)(b) of the Act; and if the order does not show it was made on appeal on a question of law-a copy of any transcript showing that fact;
(4) any certificate granted under s22(1)(c) of the Act (in Form 8).
(5) The applicant’s costs of the original trial set out in an itemised account that clearly identifies each cost of the original trial thrown away or partly thrown away.
If this material is not provided it will delay the application. An itemised bill prepared by a costs assessor clearly stating that it only relates to ‘costs thrown away’ will expedite the matter. The board usually allows the reasonable costs of the the costs assessor preparing the bill in addition to the abount claimed.
To expedite processing, it is important that only costs thrown away are claimed. An example of costs not thrown away would be medical reports or counsel’s brief that could be reused whether or not a new trial is eventually held. However, the board will consider reasonable costs of conferences to update or refresh material especially after a lapse of some time or if new Counsel is engaged.
(6) A copy of any order to pay the additional costs of a new trial.
(7) A copy of a receipt, or other documents, relied on to show the payment of any additional costs of a new trial.
This evidence is crucial to finalising the application otherwise the conditions for payment in the Act are not satisfied. These costs are not recoverable but incurring them is a condition to recovering costs of the earlier trial that are thrown away. The amount of additional costs can be minimal such as where a nolle prosequi is entered or the matter is settled or discontinued. The sworn evidence provided in support of the application must refer to the issue of additional costs and attach evidence of the additional costs incurred.
(8) A copy of Counsel’s memorandum of fees.
(9) Sworn evidence of any other facts relied on.
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