Suitors Fund Regulations 1965



Schedule

Form 1

Suitors' Fund Act 1964

In the Supreme Court
of Western Australia.
            In the matter of the Suitors' Fund Act 1964
                      and
            In the matter of an appeal between
(Appellant)
                      and
(Respondent)
INDEMNITY CERTIFICATE
WHEREAS:
1. On the day of 20 , the abovenamed (appellant or respondent as the case may be) issued out of Court (name of Court) at (place) a (writ, summons, complaint, etc., as the case may be) against the abovenamed (respondent or appellant as the case may be):
2. On the day of 20 the said Court ordered in favour of the respondent against the appellant that:
(Set out substance of order.)
3. On the day of 20 the appellant appealed against the said decision to (name of Court) (hereinafter called }the Appeal Court~) on grounds which included a question of law:
4. On the day of 20 the Appeal Court ordered that:

(Set out substance of order or judgment.)
and thereby the said appeal succeeded on a question of law:
5. On the day of 20 the respondent applied to this Court for an indemnity certificate in respect of the said appeal:
6. On the day of 20 this Court decided that an indemnity certificate be granted to the respondent in respect of the said appeal.

IT IS HEREBY CERTIFIED THAT the respondent be indemnified in respect of the costs of the said appeal pursuant to the provisions of the Suitors' Fund Act 1964.
Dated the day of 20 .

Judge.

Form 1a

SUITORS' FUND ACT 1964

IN THE SUPREME COURT
OF WESTERN AUSTRALIA
            IN THE MATTER of the Suitors' Fund Act 1964,
                      and
            IN THE MATTER of an appeal against a conviction for an indictable offence between
    The State of Western Australia
Respondent
against
Appellant
(Accused)
COSTS CERTIFICATE PURSUANT TO SECTION 12A(1) OF THE SUITORS' FUND ACT 1964

WHEREAS:

1. On the day of 20 the abovenamed appellant was convicted in the Court at of an indictable offence.

2. On the day of 20 the said conviction was quashed by the Supreme Court without a new trial being ordered.

NOW IT IS HEREBY CERTIFIED that the Court grants to the appellant a costs certificate in respect of the costs of the appeal (or such part of the costs of the appeal being ).

Dated the day of 20 .


JUDGE.
    [Form 1a inserted in Gazette 18 Feb 1972 p. 365; amended in Gazette 19 Apr 2005 p. 1301.]

    Form 1b

    SUITORS' FUND ACT 1964

    IN THE SUPREME COURT
    OF WESTERN AUSTRALIA
            IN THE MATTER OF THE SUITORS' FUND ACT 1964,
                      and
            IN THE MATTER OF PROCEEDINGS BETWEEN
Appellant
                      and
Respondent
COSTS CERTIFICATE PURSUANT TO SECTION 12A(2) OF THE SUITORS' FUND ACT, 1964.

WHEREAS:

1. On the day of 20 the abovenamed appellant appealed against a decision of the (name the Court) sitting at to the Supreme Court on grounds which included a question of law.

2. On the day of 20 the Supreme Court ordered that (set out the substances of order or judgment) and thereby the said appeal succeeded on a question of law.

NOW the Court further found that but for the provision of some other Act or law the Court would have made an order regarding the Appellant's costs of the Appeal, against the Respondent.

The Order which the Court would have so made is:

(The Appellant's costs of the Appeal to be fixed at and be paid by the Respondent.)

(The Appellant's costs of the Appeal be taxed and be paid by the Respondent.)

(The Appellant's costs of the Appeal to be taxed and (state proportion) thereof be paid by the Respondent.)

A costs certificate is granted to the Appellant.

Dated the day of 20 .


JUDGE.
    [Form 1b inserted in Gazette 18 Feb 1972 p. 365.]

    Form 2

    Suitors' Fund Act 1964


    In the
    (Court)
            In the matter of the Suitors' Fund Act 1964
                      and
            In the matter of proceedings between
                              (plaintiff, prosecutor or as the case may be)
                      and
                              (defendant or as the case may be).
    CERTIFICATE PURSUANT TO SECTION 14(1)(c) OF THE SUITORS' FUND ACT 1964

    WHEREAS:

    1. On the day of 20 (civil or criminal as the case may be) proceedings were commenced by the abovenamed (plaintiff or as the case may be) against the abovenamed (defendant or as the case may be) in the (name of Court) at (place):

    2. On the day of 20 the said proceedings were being heard in the said Court before (name of Judge, Magistrate or Justice) (hereinafter called }the presiding judicial officer~) and on the said date the said hearing was discontinued and a new trial ordered by the presiding judicial officer.

    It is hereby certified that:

    1. The reason why the said proceedings were discontinued was:

    (set out reason)

    2. A new trial of the said proceedings was ordered;

    3. The said reason was not attributable in any way to the act, neglect or default of (in the case of civil proceedings) all or any one or more of the parties to the said proceedings or their legal practitioners (or in the case of criminal proceedings) the accused or his legal practitioner.

    Dated the day of 20 .

    (Set out name of Judge, etc., under signature and capacity, e.g. }Judge of the Supreme Court~.)


    Form 2a

    SUITORS' FUND ACT 1964

    IN THE SUPREME COURT
    OF WESTERN AUSTRALIA
    (or as the case may be).
            IN THE MATTER OF THE SUITORS' FUND
            ACT 1964,
                      and
            IN THE MATTER OF CRIMINAL PROCEEDINGS BETWEEN
                              (Complainant or as the case may be)
                      and
                              (Accused or as the case may be)
    CERTIFICATE PURSUANT TO SECTION 14(1)(d) OF THE SUITORS' FUND ACT 1964

    WHEREAS:

    1. On the day of 20 at proceedings in the above matter were commenced and were adjourned by or on behalf of the prosecution.

    2. I am satisfied that by reason of such adjournment the accused has necessarily incurred expense.

    NOW I HEREBY CERTIFY:

    (i) that the reason why the said proceedings were adjourned was

    (ii) that such reason was not attributable in any way to the act, neglect or default of the accused or his counsel or solicitor.

    Dated the day of 20 .


    PRESIDING JUDGE, MAGISTRATE
    OR JUSTICE
    (or as the case may be).

    [Form 2a inserted in Gazette 18 Feb 1972 p. 366.]

    Form 3

    Suitors' Fund Act 1964

            In the matter of the Suitors' Fund Act 1964
                      and
            In the matter of an appeal between
(Appellant)
                      and
(Respondent)
APPLICATION TO THE APPEAL COSTS BOARD BY THE RESPONDENT
FOR A CERTIFICATE AUTHORISING PAYMENT OUT OF THE SUITORS' FUND
I of in the State of (occupation) being the abovenamed respondent hereby apply to the Appeal Costs Board for a certificate for payment to me from the Suitors' Fund of the following amounts:

(Set out in numbered paragraphs each amount claimed and whether it is claimed as appellant's costs or as the case may be).

An indemnity certificate was granted to the abovenamed respondent in respect of the abovenamed appeal on the day of , 20 .

The facts on which this application is made are as follows:

The following documents are lodged with this application:

(Set out such of the documents referred to in Regulation 4(5) as are relevant).

Dated the day of , 20 .


(Signature of applicant.)

Form 4

Suitors' Fund Act 1964

            In the matter of the Suitors' Fund Act 1964,
                      and
            In the matter of a (state nature of proceedings, e.g., complaint information action or presentment) in the (name of Court) wherein
                              was (complainant or as the case may be)
                      and
                              was (defendant or as the case may be)
    APPLICATION TO THE APPEAL COSTS BOARD BY THE COMPLAINANT (OR AS THE CASE MAY BE) FOR A CERTIFICATE AUTHORISING PAYMENT OUT OF THE SUITORS' FUND PURSUANT TO SECTION 14 OR 15 OF THE ACT (AS THE CASE MAY BE)

    I of in the State of (occupation) being the abovenamed complainant (or as the case may be) hereby apply to the Appeal Costs Board for a certificate for payment to me from the Suitors' Fund of the following amounts:
    (Set out in numbered paragraphs each amount claimed).
    The ground on which this application is made is as follows:
    (Set out ground, e.g., that the abovenamed proceedings were rendered abortive by the death of Mr. S.M., the Magistrate before whom the proceedings were had.)
    (Where the application is made under section 14(1)(c), insert the following paragraph:
        A certificate under section 14(1)(c) of the Act was granted to the applicant in respect of the abovenamed proceedings by (name of the presiding Magistrate, etc.) the presiding Magistrate (or as the case may be) on the day of , 20 ).
    (Where the application is made under section 14(1)(d) of the Act insert the following paragraph:
        A certificate under section 14(1)(d) of the Act was granted to the applicant in respect of the abovenamed proceeding by (name the presiding Magistrate, etc.,) the presiding Magistrate (or as the case may be) on the day of , 20 .)
    The facts on which this application is made are as follows:
    The following documents are lodged with this application:
    (Set out such of the documents referred to in Regulation 4(5) as are relevant).
    Dated the day of , 20 .
(Signature of Applicant.)
    [Form 4 amended in Gazette 18 Feb 1972 p. 366.]

    Form 5

    Suitors' Fund Act 1964

            In the matter of the Suitors' Fund Act 1964,
                      and
            In the matter of an appeal between
(Appellant)
                      and
(Respondent)
APPLICATION TO THE APPEAL COSTS BOARD BY THE ABOVENAMED FOR A DIRECTION PURSUANT TO SECTION 11(2) OF THE ACT
I of
in the State of (occupation) being the above-named hereby apply to the Appeal Costs Board for a direction that the sum of being costs not already paid by the abovenamed respondent be paid from the Suitors' Fund for and on behalf of the above-named respondent to .
An indemnity certificate was granted to the abovenamed respondent in respect of the abovenamed appeal on the day of , 20 .

The ground on which this application is made is:

(Set out ground, e.g., that the respondent unreasonably refuses to pay the appellant the costs referred to in section 11(1)(a) of the Act.)

The facts on which this application is made are as follows:

The following documents are lodged with this application:

(Set out such of the documents referred to in Regulation 4(5) as are relevant).

Dated the day of , 20 .


(Signature of applicant.)

Form 6

Suitors' Fund Act 1964

            In the matter of the Suitors' Fund Act 1964,
                      and
            In the matter of an appeal (or proceedings as the case may be) between
                              (appellant or as the case may be)
                      and
                              (respondent or as the case may be).
    CERTIFICATE OF THE APPEAL COSTS BOARD

    To the Treasurer of the State of Western Australia:
    Pursuant to the Suitors' Fund Act 1964 the Appeal Costs Board hereby certifies that the abovenamed of in the State of is entitled to be paid out of the Suitors' Fund the sum of and authorises the payment of the said sum to the said out of the said Fund.
    Dated at Perth this day of 20 .
(Set out name under signature.)
Chairman, Appeal Costs Board.


Note: This is not an authorised version. The only authorised version is the hardcopy (printed) version published under authority of the Government Printer, available from the State Law Publisher, 10 William St Perth W.A. 6000.