Western Australian Consolidated Acts

SUITORS' FUND ACT 1964 - SECT 12A

12A .         Costs of trial where conviction quashed without new trial may be met from Fund; cost certificates

        (1)         Where after the coming into operation of the Suitors’ Fund Act  Amendment Act 1971 ¹ , on an appeal against a conviction for an indictable offence the conviction is quashed without a new trial being ordered, the Supreme Court may, upon application made to it in that behalf, grant to the appellant a costs certificate in respect of the costs of the appeal or such part of those costs as the Court may determine.

        (2)         Where after the coming into operation of the Suitors’ Fund Act  Amendment Act 1971 ¹ , an appeal on a question of law succeeds and the court that allowed the appeal would, but for the provisions of some other Act or law, have ordered costs of the appeal, fixed or to be taxed, or some proportion thereof, to be paid by the respondent —

            (a)         that court shall make a finding to that effect and shall specify the amount of costs it would have fixed or state that it would have directed them to be taxed, or what proportion of the taxed costs it would have ordered to be paid, as the case requires; and

            (b)         the Supreme Court may, upon application made to it in that behalf, grant a costs certificate to the appellant and, if so, shall include in it the substance of the finding referred to in paragraph (a).

        (3)         The jurisdiction of the Supreme Court to grant a costs certificate may be exercised by a judge sitting in chambers.

        (4)         Subject to this Act, where an appellant has been granted a costs certificate, the certificate shall entitle the appellant to be paid from moneys standing to the credit of the Fund —

            (a)         if the certificate was granted under subsection (1) —

                  (i)         an amount equal to the appellant’s costs of the appeal in respect of which the certificate was granted as taxed or agreed upon by the Board and the appellant or the appellant’s solicitor, or equal to such part of those costs as the Supreme Court has determined, as the case requires; and

                  (ii)         where the costs referred to in subparagraph (i) are taxed, an amount equal to the costs incurred by the appellant in having those costs taxed;

                or

            (b)         if the certificate was granted under subsection (2) —

                  (i)         the amount of costs of the appeal which the Court that allowed the appeal would have ordered to be paid by the respondent; or

                  (ii)         the taxed costs of the appeal, or such proportion of the taxed costs as that Court would have ordered to be paid by the respondent, including the costs incurred by the appellant in having those costs taxed, or in lieu of the taxed costs or that proportion of them an amount agreed upon by the Board and the appellant or the appellant’s solicitor,

                as the case requires.

        (5)         The amount payable from moneys standing to the credit of the Fund to any one appellant pursuant to a costs certificate shall not in any case exceed the sum of $1 000 or such other amount as may from time to time be prescribed.

        [Section 12A inserted by No. 57 of 1971 s. 5; amended by No. 49 of 1996 s. 64.]