Australian Capital Territory Current Regulations

COURT PROCEDURES RULES 2006 - REG 5191

    (1)     In this rule:

"appeal" means—

        (a)     an application for further time to apply for leave to appeal under this part; or

        (b)     an appeal or application for leave to appeal (or leave to appeal out of time) under this part.

"appellant" means—

        (a)     a person applying for further time to apply for leave to appeal under this part; or

        (b)     an applicant for leave to appeal (or leave to appeal out of time) under this part; or

        (c)     a person appealing under this part.

    (2)     This rule applies if an appellant—

        (a)     has not done anything required to be done under these rules during a period of 3 months after the day the requirement arises; or

        (b)     otherwise has not prosecuted the appellant's appeal with appropriate effort during a period of 3 months after the day the last step in the proceeding was taken.

    (3)     The Supreme Court may—

        (a)     order that the appeal be dismissed for want of prosecution and confirm the order appealed from; or

        (b)     on its own initiative, set a time for the doing of a thing required to be done in relation to the appeal and—

              (i)     at the same time order that, if the appellant does not do the thing within the time, the appeal will be dismissed for want of prosecution and the order appealed from confirmed; or

              (ii)     if the appellant does not do the thing within the time—order that the appeal be dismissed for want of prosecution and confirm the order appealed from; or

        (c)     make any other order the Supreme Court considers just.

    (4)     A respondent may apply to the Supreme Court to require the appellant to show cause why the appeal should not be dismissed for want of prosecution.

Note     Pt 6.2 (Applications in proceedings) applies to an application under this subrule.

    (5)     On the hearing of the application, the Supreme Court may make an order mentioned in subrule (3).

    (6)     An order mentioned in subrule (3) (b) may be amended at any time before the appeal is dismissed for want of prosecution and, in special circumstances, may be amended or revoked after that time.