The Appeal Costs Board (ACB) is responsible for the administration of the Appeal Costs Act 1998 (Vic) (“AC Act”). The ACB serves a function similar to that of a compensation tribunal: in certain circumstances it may partly reimburse people for legal costs incurred as a result of circumstances beyond their control (e.g. judicial errors).
Legal costs that can be reimbursed include:
• solicitors’ fees;
• barristers’ fees;
• witness expenses;
• interpreters’ fees.
Legal costs that can not 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”.)
The six categories of reimbursement costs are:
1 successful appeals;
2 discontinued trials;
4 successful appeals;
5 appeals by the Director of Public Prosecutions (DPP);
6 discontinued trials.
Before a matter can be considered by the ACB, the relevant court (i.e. the court in which the matter was heard) must issue an indemnity certificate. Neither the ACB not the ACB Secretary can issue certificates.