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

More about legal costs

Last updated

1 July 2021

Note the following about the legal costs that can and can’t be reimbursed.

Witness expenses

The ACB requires details of the nature of the evidence given, and the capacity in which the witness appeared.

Solicitor and counsel fees

In assessing solicitor and counsel costs – including preparation, appearances and disbursements – the ACB is guided by the circumstances of the particular case.

Payments

There is no limit to the amount payable under some of the most commonly used sections of the AC Act (ss 10, 14, 15, 16). However, note that costs are subject to the ACB’s discretion in determining what costs are reasonably incurred. For example, the ACB can consider issues such as whether the seniority and number of counsel engaged were appropriate for the proceeding. Caps apply to sections 4, 5, 6 and 17 of the AC Act. For the caps relevant to section 17, see Victorian Government Gazette G39 2217.

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