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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Suitors' Fund Amendment (Costs of NCAT
Appeals) Bill 2016
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
Overview of Bill
The object of this Bill is to amend the Suitors' Fund Act 1951 to allow Appeal Panels of NCAT
to grant indemnity certificates to respondents to successful internal appeals made under section 80
of the Civil and Administrative Tribunal Act 2013.
An indemnity certificate allows a respondent, in certain circumstances, to be reimbursed out of the
Suitors' Fund all or part of the appellant's costs of the appeal paid by the respondent. In certain
circumstances, an indemnity certificate entitles an appellant to be paid all or part of the appellant's
costs of the appeal directly from the Suitors' Fund. In either instance, the effect of granting an
indemnity certificate is to ensure that a person who makes an internal appeal to an Appeal Panel
of NCAT on a question of law and succeeds on that appeal can recover costs of the appeal that are
ordered to be paid by the Appeal Panel.
Indemnity certificates cannot be granted to corporations with paid-up share capital of $200,000 or
more, or to corporations related to body corporates with such capital.
Outline of provisions
Clause 1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on the date of assent to the
proposed Act.
b2016-067.d13
Suitors' Fund Amendment (Costs of NCAT Appeals) Bill 2016 [NSW]
Explanatory note
Schedule 1 Amendment of Suitors' Fund Act 1951 No 3
Schedule 1 gives effect to the object described in the above Overview and makes certain
consequential amendments.
Page 2
Introduced by The Hon P G Lynch, MP First print
New South Wales
Suitors' Fund Amendment (Costs of NCAT
Appeals) Bill 2016
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Suitors' Fund Act 1951 No 3 3
b2016-067.d13
New South Wales
Suitors' Fund Amendment (Costs of NCAT
Appeals) Bill 2016
No , 2016
A Bill for
An Act to amend the Suitors' Fund Act 1951 in relation to the costs of certain appeals to the Civil
and Administrative Tribunal of New South Wales.
Suitors' Fund Amendment (Costs of NCAT Appeals) Bill 2016 [NSW]
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Suitors' Fund Amendment (Costs of NCAT Appeals) Act 2016. 3
2 Commencement 4
This Act commences on the date of assent to this Act. 5
Page 2
Suitors' Fund Amendment (Costs of NCAT Appeals) Bill 2016 [NSW]
Schedule 1 Amendment of Suitors' Fund Act 1951 No 3
Schedule 1 Amendment of Suitors' Fund Act 1951 No 3 1
[1] Section 2 Definitions 2
Omit "(1A) or (1AA)" from the definition of Indemnity certificate in section 2 (1). 3
Insert instead "(1A), (1AA) or (1AB)". 4
[2] Section 2 (1), definition of "NCAT" 5
Insert in alphabetical order: 6
NCAT means the Civil and Administrative Tribunal of New South Wales 7
established under the Civil and Administrative Tribunal Act 2013. 8
[3] Section 2 (3) 9
Insert after section 2 (2): 10
(3) Without limiting the definition of Court, this Act also applies to and in respect 11
of NCAT and its Appeal Panels. 12
[4] Section 6 Costs of certain appeals 13
Insert after section 6 (1AA): 14
(1AB) Where an appeal to an Appeal Panel of NCAT under section 80 of the Civil 15
and Administrative Tribunal Act 2013 on a question of law succeeds, that 16
Appeal Panel may, upon application made in that behalf, grant to the 17
respondent to the appeal, or to any one or more of several respondents to the 18
appeal, an indemnity certificate in respect of the appeal. 19
[5] Section 6 (2B) (b) 20
Insert "or other body" after "court". 21
[6] Section 6 (5) 22
Omit "or District Court of New South Wales". 23
Insert instead ", District Court of New South Wales, or an Appeal Panel of NCAT". 24
[7] Section 6 (5A) 25
Omit "(1A) or (1AA)". Insert instead "(1A), (1AA) or (1AB)". 26
Page 3
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