Commonwealth Consolidated Acts

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FEDERAL PROCEEDINGS (COSTS) ACT 1981 - SECT 9

Costs certificates--Federal appeals in family law proceedings

             (1)  Subject to this Act, and in particular without limiting section 6, where:

                     (a)  a Federal appeal referred to in paragraph (d), (j), (ja) or (k) of the definition of Federal appeal in subsection 3(1) succeeds on a question of law; and

                     (b)  in accordance with section 117 of the Family Law Act 1975 , each party to the appeal bears his or her own costs;

the court that heard the appeal may, on the application of the appellant to the appeal, grant to the appellant a costs certificate in respect of the appeal.

             (2)  The certificate that may be granted under subsection (1) by a court to an appellant to a Federal appeal is a certificate stating that, in the opinion of the court, it would be appropriate for the Attorney-General to authorize a payment under this Act to the appellant in respect of the costs incurred by the appellant in relation to the appeal.



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