Australian Capital Territory Current Regulations

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COURT PROCEDURES RULES 2006 - REG 5110

Appeals to Supreme Court—documents

    (1)     Not later than 14 days after the day the notice of appeal is served on the registrar of the court or tribunal appealed from, the registrar of the court or tribunal must—

        (a)     give the registrar of the Supreme Court and serve on each appellant

              (i)     a copy of the order appealed from; and

              (ii)     if the court or tribunal gave written reasons for its order—a copy of the reasons, certified by the registrar of the court or tribunal; and

              (iii)     if there is no transcript of the proceeding in which the order appealed from was made—a copy of the notes (if any) of the proceeding, certified by the registrar of the court or tribunal; and

              (iv)     a list of the documents and any other exhibits that were before the court or tribunal, certified by the registrar of the court or tribunal; and

        (b)     give the registrar of the Supreme Court all documents and exhibits that were before the court or tribunal in relation to the proceeding in which the order appealed from was made.

    (2)     Not later than 14 days after the day the notice of appeal is filed in the Supreme Court, the appellant must, if there is a transcript of the proceeding in the court or tribunal, file in the Supreme Court a copy of the transcript of—

        (a)     the evidence in the proceeding in the court or tribunal; and

        (b)     the decision made by the court or tribunal.

    (3)     If the appeal is from an order of the ACAT, the list mentioned in subrule (1) (a) (iv) must—

        (a)     state any documents that were the subject of an order under the href="http://www.legislation.act.gov.au/a/2008-35" title="A2008-35">ACT Civil and Administrative Tribunal Act 2008

, section 39 (2) (Hearings in private or partly in private); and

        (b)     state any documents for which a certificate of the Minister is in force under that Act, section 22E (Certain material not required to be disclosed); and

        (c)     state any documents for which a certificate is in force under that Act, section 22I (Non-disclosure certificates) and whether an order was made by the tribunal under that Act, section 22J (Dealing with non-disclosable matters—tribunal) in relation to the document.

    (4)     If the appeal is from an order of the ACAT and the ACAT has not given written reasons for the order, the appellant must—

        (a)     ask the ACAT for a written statement of reasons for the order; and

        (b)     file a copy of the statement in the Supreme Court, not later than 14 days after the day the appellant receives the statement.



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