1. Costs Certificates - Federal appeals
Applications for costs certificates under sections 6, 7 and 7A of the Federal Proceedings (Costs) Act 1981 may be made to a single member of the Court that heard the appeal, sitting in Chambers. It would be more appropriate for the application to be dealt with in Chambers where, for example, under sub-section 7(1) of the Act, it is necessary for the Court to have evidence in order to exercise the powers conferred by the Act. Affidavits setting out the facts in support of the application should be filed in the Regional Appeal Registry where the matter was heard. A member of the Court that heard the appeal will then consider the matter in accordance with section 12 of the Act.
2. Costs certificates - new trials: incomplete proceedings
Applications for costs certificates under sections 8 and 10 of the Act should be made pursuant to section 12 of the Act to a member of the Court that heard the appeal. The application, together with any affidavit setting out the facts in support of the application, should be filed in the Regional Appeal Registry where the appeal was heard.
Practice Direction 1995/2, 7 February 1995, issued by
the Hon. Chief Justice Alastair Nicholson AO RFD