Apply for Appeals Cost Funding
Part of the Appeals and actions topic
You can apply for compensation if you have incurred costs due to a decision being overturned on appeal or a proceeding being aborted. Lodge applications to the Appeal Costs Board.
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In short
You can use this service to apply for Appeals Cost Funding.
You can submit the completed application by email or by post. See How to apply for Appeals Cost Funding for the full application process.
What you should know
The Appeal Cost Fund compensates litigants for certain costs arising from:
- decisions being overturned on appeal
- proceedings being aborted through no fault of the applicant.
The fund is administered by the Appeal Costs Board under the Appeal Costs Fund Act 1973.
Maximum amounts payable for certain applications are outlined in the Appeal Costs Fund Regulation 2024.
The board considers applications from parties in civil and criminal proceedings for payment out of the fund, for costs of certain appeals and failed proceedings.
Applications to the Appeals Cost Fund must be made within 1 year of the indemnity certificate being granted or the entitlement arising.
Indemnity certificates
An indemnity certificate may be issued by the presiding judge, magistrate or justice if:
- proceedings are discontinued, and a new trial is ordered through no fault of the parties or their legal representatives
- a decision is overturned on appeal.
It is your responsibility (or your solicitor’s) to obtain the indemnity certificate.
Who can use this service
You can apply for Appeals Cost Funding if you:
- are a party to civil or criminal proceedings where
- a decision was overturned on appeal
- proceedings were aborted through no fault of your own
- have an indemnity certificate and are entitled to a payment under the Appeal Cost Fund Act 1973.
Don't use this service if:
- the civil or criminal proceeding is still active and on foot.
How to apply for Appeals Cost Funding
Choose how to submit and follow the steps.
Choose the application pathway that suits your circumstance
Applications under section 16 (successful appeal on a point of law)
Your appeal must have commenced before 20 September 2023, and an indemnity certificate was granted before this date. Procced to Step 1.
Step 1: Choose the application form that suits your circumstance
Use Form 2 if the respondent has paid the costs ordered by the court, and you are seeking reimbursement.
Use Form 3 if the respondent has unreasonably refused or is unable to pay the costs ordered by the court.
Step 2: Gather your supporting documents
- Indemnity certificate issued under the former section 15 of the Act.
- Relevant judgment or court order.
- Costs statement assessed by the registrar (if applicable).
- Evidence of payments made or costs incurred (e.g. receipts, bank transfers).
- Itemised bill of costs for any other costs claimed.
- Sworn evidence of the respondent’s failure to pay (if applicable).
Step 3: Submit your application
Email your completed application form and support documents to: appealcostsapplications@justice.qld.gov.au
Step 4: Receive the outcome
You will receive confirmation your application has been received.
Applications under section 22 (proceedings discontinued through no fault of the applicant)
If your situation meets the criteria under section 22 of the Act (e.g. proceedings were aborted due to the incapacity of the magistrate or judge, or a new trial was ordered). Proceed to Step 1.
Step 1: Complete the application form
Use Form 9 for applications under section 22.
Step 2: Gather your supporting documents
- Relevant orders, transcripts or judgment records showing the proceedings were aborted.
- Indemnity certificate (if applicable).
- Statutory declaration outlining the reason for the new trial, the date of the new trial and an overview of costs incurred.
- Receipts, invoices and other documents showing payment of costs incurred for the original trial and any appeal proceedings.
- Itemised invoices for costs incurred for any retrial (or interim invoices if the retrial has not yet commenced).
- Signed costs agreement and disclosure notice for the original trial and appeal proceedings.
Step 3: Submit your application
Email your completed application form and support documents to: appealcostsapplications@justice.qld.gov.au
Step 4: Receive the outcome
You will receive confirmation your application has been received.
Choose the application pathway that suits your circumstance.
Applications under section 16 (successful appeal on a point of law)
Your appeal must have commenced before 20 September 2023, and an indemnity certificate was granted before this date. Procced to Step 1.
Step 1: Choose the application form that suits your circumstance
Use Form 2 if the respondent has paid the costs ordered by the court, and you are seeking reimbursement.
Use Form 3 if the respondent has unreasonably refused or is unable to pay the costs ordered by the court.
Step 2: Gather your supporting documents
- Indemnity certificate issued under the former section 15 of the Act.
- Relevant judgment or court order.
- Costs statement assessed by the registrar (if applicable).
- Evidence of payments made or costs incurred (e.g. receipts, bank transfers).
- Itemised bill of costs for any other costs claimed.
- Sworn evidence of the respondent’s failure to pay (if applicable).
Step 3: Submit your application
Mail your completed application form and support documents to:
Executive Legal Officer
Appeal Costs Board
Legal Advice and Advocacy
GPO Box 149, BRISBANE QLD 4001
Step 4: Receive the outcome
You will receive confirmation your application has been received.
Applications under section 22 (proceedings discontinued through no fault of the applicant)
If your situation meets the criteria under section 22 of the Act (e.g. proceedings were aborted due to the incapacity of the magistrate or judge, or a new trial was ordered). Proceed to Step 1.
Step 1: Complete the application form
Use Form 9 for applications under section 22.
Step 2: Gather your supporting documents
- Relevant orders, transcripts or judgment records showing the proceedings were aborted.
- Indemnity certificate (if applicable).
- Statutory declaration outlining the reason for the new trial, the date of the new trial and an overview of costs incurred.
- Receipts, invoices and other documents showing payment of costs incurred for the original trial and any appeal proceedings.
- Itemised invoices for costs incurred for any retrial (or interim invoices if the retrial has not yet commenced).
- Signed costs agreement and disclosure notice for the original trial and appeal proceedings.
Step 3: Submit your application
Mail your completed application form and support documents to:
Executive Legal Officer
Appeal Costs Board
Legal Advice and Advocacy
GPO Box 149, BRISBANE QLD 4001
Step 4: Receive the outcome
You will receive confirmation your application has been received.
How long it takes
The Appeals Cost Board meets approximately every 6 to 8 weeks to consider applications.
Processing time begins when a completed application is received.
Standard applications: 8-10 weeks
Urgent applications: not available
How much it costs
Free.
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