Project No. 49

Commenced: 1973
Completed: 1977

The purpose of the Suitors’ Fund Act 1964 (WA) is to provide a fund that can be drawn upon to assist in the payment of costs incurred by litigants where decisions are upset on appeal or proceedings are rendered abortive through no fault of their own such as by the death or long illness of a judicial officer. The Fund is financed by contributions by litigants (a levy upon certain originating processes in the courts)1 together with interest accruing from investment of any sum not immediately required and is administered by the Appeal Costs Board.

The Act applies to both criminal and civil proceedings, though the circumstances in which costs are payable in these two types of proceedings are not identical. Accordingly the Commission decided to deal with the reference in two parts: Part A was concerned with civil proceedings and Part B with criminal proceedings.