Australian Capital Territory Current Regulations

COURT PROCEDURES RULES 2006 - REG 5403

    (1)     The notice of appeal to the Court of Appeal must state—

        (a)     the order appealed from and the date of the order; and

        (b)     whether the appeal is from all or part of the order; and

        (c)     if the appeal is from part of the order—the part appealed from; and

        (d)     whether the appellant will seek to put further evidence before the court; and

        (e)     if further evidence is to be put before the court—briefly the nature of the evidence and what is sought to be proved; and

        (f)     briefly, but specifically, the grounds relied on in support of the appeal, including, in particular, any grounds on which it is claimed that there is an error of law in the order; and

        (g)     the order sought.

    (2)     The notice of appeal must be accompanied by a 1-paragraph (about 250 words) summary (the "case summary") of—

        (a)     the proceeding in which the order appealed from was made; and

        (b)     the order appealed from; and

        (c)     the grounds relied on in support of the appeal.

    (3)     If the appeal is brought by leave of the Court of Appeal—

        (a)     the notice of appeal must state that the appeal is brought by leave; and

        (b)     a sealed copy of the order giving leave to appeal must accompany the notice of appeal and every copy of the notice of appeal served under rule 5409 (Appeals to Court of Appeal—serving notice of appeal and case summary).

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

    (5)     If there is a respondent to the appeal, the notice of appeal must include an instruction that before taking any other step in the proceeding the respondent must file in the court a notice of intention to respond (unless the respondent filed a notice of intention to respond to an application for leave to appeal from an interlocutory order, or for leave to appeal out of time from a final judgment, in the proceeding, and the information provided in the notice has not changed).

    (6)     On the hearing of the appeal, the appellant must not, without the Court of Appeal's leave—

        (a)     raise any question that is not stated in the notice of appeal; or

        (b)     rely on any ground in support of the order sought that is not stated in the notice of appeal.

Note     Pt 6.2 (Applications in proceedings) applies to an application for leave.