The Appeal Costs Board

• Introduction

  The Appeal Costs Board (Board) is responsible for the administration of the Appeal Costs Act 1998 (Vic) (‘AC Act’). The Board serves a function similar to that of a compensation tribunal: when the court in which the matter was heard issues an indemnity certificate, the Board may partly reimburse legal costs incurred as a result of circumstances beyond the party’s control.

  Only the relevant court can issue an indemnity certificate.

  Legal costs that can be reimbursed include:

  • solicitors’ fees;

  • barristers’ fees;

  • witness expenses; and

  • interpreters’ fees.

  Costs that cannot be reimbursed include wages lost because an applicant attended court. 

  (For more information about which legal costs can be reimbursed, see ‘More about legal costs’, below.)

  The six categories of reimbursement costs are:

  Civil proceedings:

  1. successful appeals; and

  2. discontinued proceedings;

  3. Criminal proceedings:

  4. adjournments;

  5. successful appeals;

  6. appeals by the Director of Public Prosecutions (DPP); and

  7. discontinued proceedings.

The Appeal Costs Board

Chapter: 10.7: Compensation for some legal costs

Contributor: Department of Justice and Community Safety

Current as of: 16 December 2024

Law Handbook Page: 888

Next Section: Eligibility for reimbursement of legal costs