The Law Handbook 2024

980 NOTE The law in this chapter is current as at 1 September 2023. The Appeal Costs Board Introduction The Appeal Costs Board ( ACB ) is responsible for the administration of the Appeal Costs Act 1998 (Vic) (‘ AC Act ’). The ACB serves a function similar to that of a compensation tribunal: in certain circumstances it may partly reimburse people for legal costs incurred as a result of circumstances beyond their control (e.g. judicial errors). Legal costs that can be reimbursed include: • solicitors’ fees; • barristers’ fees; • witness expenses; and • interpreters’ fees. Costs that cannot be reimbursed include wages lost because an applicant attended court. (For more information about which legal costs can be reimbursed, see ‘More about legal costs’, below.) The six categories of reimbursement costs are: Civil trials: 1 successful appeals; and 2 discontinued trials; Criminal trials: 3 adjournments; 4 successful appeals; 5 appeals by the Director of Public Prosecutions ( DPP ); and 6 discontinued trials. Indemnity certificates Before a matter can be considered by the ACB, the relevant court (i.e. the court in which the matter was heard) must issue an indemnity certificate. Neither the ACB nor the ACB Secretary can issue certificates. Eligibility for reimbursement of legal costs Common circumstances for reimbursement The AC Act lays down the specific circumstances under which parties may be reimbursed by the ACB. The most common circumstances are: • an adjourned criminal proceeding; • a discontinued criminal proceeding; • a successful criminal appeal; • an appeal by the DPP or Crown; • a successful civil appeal; and • a discontinued civil proceeding. The AC Act does not reimburse costs for an adjourned civil proceeding. Criminal matters In criminal matters, most applications arise under section 17(1) of the AC Act. Suppose, for example, you have been charged with a criminal offence. You consult a solicitor and pay a barrister to represent you in court. However, on the day of the hearing, you arrive at court with your barrister only to learn that the court is unable to hear the matter due to an issue beyond your control. In these circumstances, the ACB may reimburse some of the cost of your legal representation (e.g. you barrister’s fee for attending court). However, in some criminal adjournments your solicitor may not need to apply to the ACB to reimburse your costs as the court may order costs against any party (rather than issue an indemnity certificate) on the day of the adjournment. 10.7 Compensation for some legal costs Contributor: Appeal Costs Board Secretariat