NSW UCPR [Form 160] Grant of an Indemnity Certificate ➲ Suitors' Fund Act 1951

New South Wales

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When is a NSW UCPR [Form 160] Grant of an Indemnity Certificate ➲ Suitors' Fund Act 1951 used?

This [Form 160] is required for the Court to Grant an Indemnity Certificate under ss.6, 6A, and 6B of the Suitors’ Fund Act 1951 (NSW).

An Indemnity Certificate may be granted to:

⚖️ The unsuccessful Respondent of an Appeal that meets the qualifying criteria specified in s.6 of the Suitors’ Fund Act 1951 (NSW);

⚖️ An unsuccessful Respondent on Appeal where that Appeal arises out of the death or protracted illness of a Judge or magistrate pursuant to s.6A of the Suitors’ Fund Act 1951 (NSW); or

⚖️ The unsuccessful Respondent of an Appeal on the ground that damages where excessive or inadequate, that meets the qualifying criteria pursuant to s.6B of the Suitors’ Fund Act 1951 (NSW).

When Indemnity Certificate is Not Permitted to be Granted

An indemnity certificate shall not be granted in favour of:
(a) the Crown,
(b) a corporation that has a paid-up share capital of two hundred thousand dollars or more, or
(c) a corporation that does not have such a paid-up share capital but that, within the meaning of section 50 of the Corporations Act 2001 of the Commonwealth, is related to a body corporate that has such a paid-up share capital, unless the appeal was instituted before the commencement of the Legal Assistance and Suitors' Fund (Amendment) Act 1970.

Document Overview:

✅ Suitable for the NSW Courts under the Uniform Civil Procedure Rules (NSW) 2005.

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