Australian Capital Territory Current Regulations Australian Capital Territory Current Regulations(1) This rule applies—
(a) to an application to the Court of Appeal to receive evidence on a hearing of an appeal under this part in addition to evidence in the proceeding appealed from; and
(b) unless the Court of Appeal otherwise orders.
(2) The application must be made on the hearing of the appeal.
Note Pt 6.2 (Applications in proceedings) applies to the application.
(3) Not later than 28 days before the day set for the start of the hearing of the appeal, the applicant must file 1 or more affidavits stating—
(a) the grounds of the application; and
(b) any evidence necessary to establish the grounds of the application; and
(c) any evidence that the applicant wants the Court of Appeal to receive.
(4) The evidence of any other party to the appeal must be given by affidavit filed in the court not later than 7 days before the day set for the start of the hearing of the appeal.
(5) A party to the appeal must, not later than the time for the party to file an affidavit under this rule—
(a) file the number of copies of the affidavit that the registrar directs; and
(b) serve a stamped copy of the affidavit on each other party to the appeal.
(6) If the Court of Appeal orders that it will receive the evidence in the appeal, and the evidence is to be given by an expert witness, the following rules apply, with necessary changes, to the appeal:
• division 2.12.1 (Expert evidence generally)
• division 2.12.2 (Multiple expert witnesses for same issue)
• rule 1242 (Supplementary expert reports)
• rule 1243 (Expert evidence to be covered by expert report)
• rule 1244 (Expert reports admissible as evidence of opinion etc)
• rule 1245 (Requiring attendance of expert for cross-examination etc)
• rule 1246 (Tender of expert report).