Suitors Fund Regulations 1965



    4. Applications to the Board

    (1) Subject to subregulation (2), a person who claims to be entitled to be paid any moneys out of the Fund may apply in writing to the Board in the form whichever of Forms 3 or 4 in the schedule is appropriate for a certificate of the Board authorising payment of the amount claimed out of the Fund.

    (2) A person who seeks a direction of the Board pursuant to section 11(2) of the Act may apply in writing to the Board in the form of Form 5 in the schedule to these regulations for such a direction.

    (3) A respondent may make an application under subregulations (1) and (2) in a form which combines Forms 3 and 5 in the schedule.

    (4) An application under subregulation (1) or (2) shall contain a statement of the facts upon which the application is made and be signed by the applicant.

    (5) An applicant shall lodge with his application

    (a) in the case of an application by a respondent to whom an indemnity certificate has been granted

    (i) the indemnity certificate, or where the indemnity certificate is not available, a copy thereof certified to be a true copy by the proper officer of the Supreme Court;

    (ii) a copy, certified by the proper officer of the Court, of the judgment ordering the respondent to pay the appellant's costs;

    (iii) where the appellant's costs have been ordered to be taxed the certificate or allocatur, or, where the certificate or allocatur is not available, a certified copy thereof, of the Registrar of the Privy Council or other proper officer of the Privy Council, or of the Registrar of the High Court of Australia, or of the Taxing Master of the Supreme Court, as the case may be, certifying the amount at which the appellant's costs have been taxed and allowed;

    (iv) where the respondent's costs have been taxed as provided in these regulations the certificate of the officer by whom such costs have been taxed certifying the amount at which the respondent's costs have been taxed and allowed;

    (v) the receipt of the appellant or his solicitors for payment by the respondent of the amount of the appellant's costs ordered to be paid by the respondent, or other evidence of such payment satisfactory to the Board;

    (b) in the case of an application by an appellant in an appeal in which an indemnity certificate has been granted to a respondent the documents referred to in subparagraphs (i), (ii) and (iii) of paragraph (a);

    (ba) in the case of an application by an appellant in an appeal in which a costs certificate has been granted

    (i) the costs certificate or where the certificate is not available a copy thereof certified to be a true copy by the proper officer of the Supreme Court; and

    (ii) where the applicant's costs are required to be taxed the certificate, or allocatur or, where the certificate or allocatur is not available, a certified copy thereof, by the Taxing Master of the Supreme Court certifying the amount at which the appellant's costs have been taxed and allowed;

    (c) in the case of an application by a person to whom a certificate has been granted under section 14(1)(c) or (d) of the Act the certificate or, where the certificate is not available, a copy thereof certified to be a true copy by the proper officer of the Court by which the certificate was granted;

    (d) in the case of an application by a person under section 14(1)(a) or (b) of the Act a copy, certified to be a true copy by the proper officer of the Court, of the order made by the Court in the proceedings or on the appeal, as the case may be;

    (e) in the case of an application by a person under section 15 of the Act

    (i) a copy, certified to be a true copy by the proper officer of the Court, of the order of the Court ordering a new trial; and

    (ii) the receipt of the appellant or his solicitors for payment by the respondent of the amount of the appellant's costs ordered to be paid by the respondent, or other evidence of such payment satisfactory to the Board.

    [Regulation 4 amended in Gazette 18 Feb 1972 p. 364.]



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.