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ARTICLE · 04 MARCH 2013

Courting the Suitors’ Fund in Western Australlia

An application can be made for assistance when additional costs have been incurred through no fault of either party.

AustraliaLitigation, Mediation & Arbitration

If you were riveted to our article last month " Illegal Sign – Supreme Court Reduced Fine", you may have wondered what the Suitors' Fund is and whether (and how) it may pay your legal costs.

The Suitors' Fund was established by the Suitors' Fund Act 1964.

Whenever:

  • a Writ of Summons is issued in the Supreme Court or the District Court of WA; or
  • a civil case commences in the Magistrates' Court; or
  • a summons or court hearing notice is issued under the Criminal Procedure Act 2004 a court of summary jurisdiction;

a court filing fee is paid, of which 10 - 20 cents is paid into the Suitors' Fund.

In certain circumstances, a party may apply to the court for an Indemnity Certificate. If the Suitors' Fund Board is satisfied that the circumstances meet the criteria set out in the Suitors' Fund Act 1964, it will issue a certificate which entitles that party to be paid their costs from the Suitors' Fund.

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