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Appeals Act 1972 - Appeals to the High Court (Legal Aid) Rules 1977

REPUBLIC OF NAURU

APPEALS ACT 1972

APPEALS TO THE HIGH COURT (LEGAL AID) RULES 1977

ARRANGEMENT OF RULES

Rule
1. Title
2. Applications to a Judge of the Supreme Court
3. Amounts of Legal Aid Payments

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APPEALS ACT 1972

APPEALS TO THE HIGH COURT (LEGAL AID) RULES 1977

IN EXERCISE of the powers conferred on me by section 53 of the Appeals Act 1972, I hereby make the following rules of court-

TITLE

1. These Rules may be cited as the Appeals to the High Court (Legal Aid) Rules 1977.

APPLICATIONS TO A JUDGE OF THE SUPREME COURT

2. (1) Application for legal aid by a party to an appeal, or to an application for leave to appeal, to the High Court under Part V of the Act, if made to a judge of the Supreme Court, shall be made in writing in English and shall be accompanied by a statement showing-

(a) if the applicant is not in custody, his occupation and his salary or wages therefrom;

(b) the occupation and the salary or wages therefrom, if any, of the applicant's spouse, if any;

(c) the value of all property belonging to-

(i) the applicant;

(ii) his spouse, if any;

(iii) his father, if alive;

(iv) his mother, if alive;

(d) all amounts, if any, of moneys received in the two years preceding the application, or expected to be received within six months after the application, in respect of phosphate royalties by-

(i) the applicant;

(ii) his spouse, if any;

(iii) his father;

(iv) his mother.

(2) Where application for legal aid is made by a Nauruan, the statement referred to the preceding paragraph shall be certified as correct by the Secretary of the Council.

AMOUNTS OF LEGAL AID PAYMENTS

3. (1) Amounts of payments to counsel for work performed as the result of the granting of legal aid under section 41 of the Act shall be such as the High Court or a Justice thereof, having regard to the amount and complexity of the work, orders or, if no order is made by the High Court or a Justice thereof, such as a judge of the Supreme Court, having regard to those matters, orders.

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