Australian Capital Territory Current Regulations Australian Capital Territory Current Regulations(1) An appeal to the court from a decision of the registrar in a civil proceeding does not operate as a stay of the decision appealed from unless a stay of the decision is ordered by the registrar or the court.
Note Pt 6.2 (Applications in proceedings) applies to an application for a stay or for an order under this rule.
(2) An application for a stay of the decision may be made by a party to the appeal.
(3) In an urgent case, the application may be made without serving it on anyone.
(4) If the application is made without serving it on anyone, the application must be accompanied by an affidavit setting out the grounds relied on in support of the claim of urgency.
(5) If the decision appealed from is stayed by the registrar or the court, the registrar or the court may make any order that the registrar or the court considers necessary or desirable to give effect to the stay.
(6) The court may, by order, amend or set aside an order for a stay (including an order made by the registrar).
(7) An application for an order of the court under subrule (1) may be made whether or not a similar application has been made to the registrar.
(8) If any step has been taken for the enforcement of a
decision and the court amends or sets aside the decision on appeal under this
part, the court may make the orders for reinstatement it considers
appropriate.
Note to pt 5.3
For appeals to Court of Appeal, see pt 5.4, for orders to review Magistrates Court decisions, see pt 5.5 and for reference appeals, see pt 5.6.