Australian Capital Territory Current Regulations

COURT PROCEDURES RULES 2006 - REG 5301

    (1)     An appeal to the Court of Appeal in a civil proceeding does not operate as a stay of the order appealed from unless—

        (a)     a territory law provides otherwise; or

Note     A territory law includes these rules (see href="http://www.legislation.act.gov.au/a/2001-14" title="A2001-14">Legislation Act

, s 98).

        (b)     the Court of Appeal or the court otherwise orders.

Note 1     Pt 6.2 (Applications in proceedings) applies to an application for a stay or for an order under this rule.

Note 2     An appeal to the Court of Appeal in a criminal proceeding does not operate as a stay of the conviction appealed from.

    (2)     In an urgent case, an application to the Court of Appeal or the court for a stay may be made without serving it on anyone.

    (3)     If the application to the Court of Appeal or the court for a stay 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.

    (4)     If the order appealed from is stayed by the Court of Appeal or the court, the Court of Appeal or the court may make any order that it considers necessary or desirable to give effect to the stay.

    (5)     The Court of Appeal may, by order, amend or set aside an order made by the court or it under this rule.

    (6)     The court may, by order, amend or set aside an order made by it under this rule.

    (7)     An application for an order of the Court of Appeal for a stay may be made whether or not a similar application has been made to the court.

    (8)     If any step has been taken for the enforcement of an order and the Court of Appeal amends or sets aside the order on appeal under this part, the Court of Appeal may make the orders for reinstatement it considers appropriate.