Claims for criminal matters are prepared and submitted to the Appeal Costs Board (ACB) by a legal practitioner. All indemnity certificates granted in civil matters are prepared by the courts and submitted to the ACB by legal practitioners.
The documentation required, and the procedures to follow, to make a claim are set out in the ACB’s guidelines (available at www.justice.vic.gov.au). The requirements for each application may vary according to the type of proceeding involved.
Under section 35D of the AC Act, applications must be lodged with the ACB no later than 12 months after the final determination of the matter to which the indemnity certificate relates.