Australian Capital Territory Current Regulations

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COURT PROCEDURES RULES 2006 - REG 5082

Appeals to Supreme Court—application for leave to appeal out of time

    (1)     The application for leave to appeal out of time must comply with this division.

Note 1     See approved form 5.3 (Supreme Court—application for leave to appeal out of time) AF2006-387

.

Note 2     The application must be in accordance with pt 6.2 (Applications in proceedings) for matters not dealt with in this division.

    (2)     The application must be accompanied by—

        (a)     an affidavit showing—

              (i)     the nature of the case; and

              (ii)     the questions involved; and

              (iii)     the reasons why leave should be given; and

        (b)     the draft notice of appeal.

    (3)     If the applicant is also applying for leave to appeal under division 5.3.2 (Appeals to Supreme Court—leave to appeal), the application for leave to appeal out of time under this division and for leave to appeal under division 5.3.2 may be made in a single application (supported by a single affidavit).

    (4)     If the applicant wants to present the applicant's case in writing under part 5.8 (Written cases), the application must state that the applicant wants to do so.



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