In criminal matters, most applications arise under section 17(1) of the AC Act. Suppose, for example, you have been charged with a criminal offence. You consult a solicitor and pay for a barrister to represent you at the hearing of your case. On the day of the hearing, however, you arrive at court with your barrister only to learn that the court is unable to hear the matter due to a court issue. Were it not for the AC Act, you would have to meet the costs of your legal representation for both the adjourned hearing date and the new hearing. In these circumstances, section 17(1) provides that you may be reimbursed for the costs of your representation at the adjourned hearing.

However, in some criminal adjournments, the court may order costs against any party or any person rather than issue an indemnity certificate. This issue would be considered by the court on the day of the adjournment.

Note: Section 17(5) has been amended under the Appeal Costs and Penalty Interest Rates Act (Amendment) Act 2004 (Vic) to allow the Attorney-General to specify the maximum amount payable by the Board (see links from the Board's website).

Under section 35A, a corporation having a paid up share capital of $200,000 or more, or a subsidiary of such a corporation, cannot receive any payment from the Board except under sections 6, 9 or 13 of the AC Act.

In addition, an appellant may be reimbursed for the costs of an appeal at which:

Note: The AC Act does not allow a certificate to be granted to a respondent for its own costs if the Crown appeals on a question of law judicial review to the Supreme Court from a decision of a magistrate.

In civil matters, most applications arise under section 4(1) of the AC Act, which allows an unsuccessful respondent to an appeal on a question of law to claim reimbursement from the Board for both the respondent's and the appellant's costs in relation to the appeal. The maximum amount payable under a section 4 claim is $50,000.

Where a part-heard case is discontinued and a new trial is ordered, reimbursement may be made in both civil proceedings (s.10) and criminal proceedings (s.16). This may occur for other reasons not attributable in any way to the fault of the parties; for example, where inadmissible evidence has prejudiced the jury hearing of a case or where a witness is found to be known by the judge or magistrate, or by a member of the jury. The certificate must be issued by the court before the matter can be determined by the Board.