Practice
Note No. 6 (Federal Proceedings (Costs) Act 1981)
issued on 7 May 1990 is revoked and the following Practice
Note No.6 is substituted.
Costs
Certificates - Federal Appeals
Applications for costs certificates
under sections 6, 7, and 7A of theFederal Proceedings (Costs)
Act 1981 may be made to a single member of the
Court that heard the appeal, sitting in Chambers. It would
be more appropriate for the application to be dealt with
in Chambers where, for example, under sub-section 7(1)
of the Act, it is necessary for the Court to have evidence
in order to exercise the powers conferred by the Act.
Affidavits setting out the facts in support of the application
should be filed in the District Registry where the matter
was heard. A member of the Court that heard the appeal
will then consider the matter in accordance with section
12 of the Act.
Costs Certificates
- New Trials: Incomplete Proceedings
Applications for costs certificates
under sections 8 and 10 of the Act should be made pursuant
to section 12 of the Act to a member of the Court that
heard the appeal. The application, together with any affidavit
setting out the facts in support of the application, should
be filed in the District Registry where the appeal was
heard.
