Claims for criminal matters are prepared and submitted to the Appeal Costs Board (ACB) by a legal practitioner. All indemnity certificates granted in civil matters are prepared by the courts and submitted to the ACB by legal practitioners. The documentation required, and the procedures to follow, to make a claim are set out in the ACB’s guidelines (available at www.justice.vic.gov.au). The requirements for each application may vary according to the type of proceeding involved. Under section 35D of the AC Act, applications must be lodged with the ACB no later than 12 months after the final determination of the matter to which the indemnity certificate relates.

Contributor

Jamie Moffat

Secretary, Appeal Costs Board

Making a claim for legal costs

Last updated

1 July 2021

The documentation required, and the procedures to follow, to make a claim to the ACB are set out in the ACB’s guide­lines (avail­able at www.justice.vic.gov.au). The require­ments for each application may vary according to the type of proceeding involved.

Under section 35D of the AC Act, applications must be lodged with the ACB no later than 12 months after the final determination of the matter to which the indemnity certificate relates.

Note that certificates for criminal and civil matters are prepared by the courts and are (usually) submitted to the ACB by legal practitioners. The ACB plays no role in issuing certificates.

Indemnity certificates remain the property of the party named on the certificate. The ACB can only consider an application if it is made by the certificate holder’s current legal practitioner.

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