Australian Capital Territory Current Regulations

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COURT PROCEDURES RULES 2006 - REG 5193

Further evidence on appeal to Supreme Court—Magistrates Court Act 1930, s 214

    (1)     This rule applies to an application to the Supreme Court to receive evidence mentioned in the “b title="A1930-21">Magistrates Court Act 1930

, section 214 (3) and (4) in an appeal mentioned in that section.

Note     Pt 6.2 (Applications in proceedings) applies to the application and an application for an order under this rule.

    (2)     The application must be supported by an affidavit stating—

        (a)     the grounds of the application; and

        (b)     any evidence necessary to establish the grounds of the application; and

        (c)     the evidence that the applicant wants the Supreme Court to receive.

    (3)     Not later than 21 days before the day set for the hearing of the appeal, the applicant must file the affidavit in the Supreme Court and serve a stamped copy on the other party to the appeal.

    (4)     Unless the Supreme Court otherwise orders, the evidence of the other party to the appeal must be given by affidavit.

    (5)     Not later than 14 days before the day set for the hearing of the appeal, the other party to the appeal must file the affidavit in the Supreme Court and serve a stamped copy on the applicant.



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