Australian Capital Territory Current Regulations

COURT PROCEDURES RULES 2006 - REG 5409

    (1)     The appellant must serve on each respondent—

        (a)     a sealed copy of the notice of appeal; and

        (b)     a stamped copy of the case summary.

    (2)     The notice of appeal and case summary must be served—

        (a)     personally; or

Note     See r 6405 (How document is personally served). A number of rules provide that particular kinds of non-personal service are taken to be personal service eg r 6431 (Service on corporations—generally). Also, service may be done in another way eg by substituted service (see r 6460 (Substituted service)).

        (b)     on a respondent at the respondent's address for service in the proceeding in which the order appealed from was made.

Note 1     Address for service is defined in the dictionary.

Note 2     See r 6420 (Ordinary service—address for service).

    (3)     However, if the appeal is from an order refusing an application made without notice, the notice of appeal and case summary need not be served on anyone unless the Court of Appeal otherwise orders on application by an interested person or on its own initiative.

    (4)     On application by a party to the appeal or on its own initiative, the Court of Appeal may order the appellant to serve the notice of appeal and case summary on anyone else.

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

    (5)     The appellant must serve the notice of appeal under subrule (1) not later than 7 days after the day the notice is filed, but no later than 5 days before the day for settling the appeal papers, unless the Court of Appeal otherwise orders.

    (6)     If the Court of Appeal makes an order under subrule (5), the registrar must make a note of the order on the notice of appeal.