| Federal Court of Australia | |
| Practice Notes issued by the Chief Justice |
| No. 6. Federal Proceedings (Costs) Act 1981 |
| Status: | Revoked |
| Date issued: | 7 May 1990 |
| Date revoked: | 8 April 1994 |
| Version history: |   8 April 1994 7 May 1990 |
Practice Note No. 6 (Federal Proceedings (Costs) Act 1981) issued on 25 October 1982 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 the Federal Proceedings (Costs) Act 1981 may be made to the Court which heard the appeal. Pursuant to section 11 of the Act, costs of all earlier Federal appeals (where the appeal is in a sequence of appeals that includes an earlier Federal appeal or earlier Federal appeals) are included in costs certificates granted by the Court under these sections.
Pursuant to Section 12 of the Act applications for costs certificates may be made to a member of the Court which 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 facts to support 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 to a member of the Court that heard the appeal pursuant to section 12 of the Act. The application, together with any affidavit which sets out the facts to support the application, should be filed in the District Registry where the appeal was heard.
NIGEL BOWEN
(Chief Justice)
Federal Court of Australia
7 May 1990