The following information is about the legal costs that can and cannot be reimbursed by the Appeal Costs Board (ACB).
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.
There is no limit to the amount payable under some of the most commonly used sections of the Appeal Costs Act 1998 (Vic) (‘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.