Australian Capital Territory Current Regulations

COURT PROCEDURES RULES 2006 - REG 5850

In this part:

"appeal" means—

        (a)     an application for further time to apply for leave to appeal under part 5.3 (Appeals to Supreme Court) or part 5.4 (Appeals to Court of Appeal); or

        (b)     an appeal or application for leave to appeal (or leave to appeal out of time) to the Supreme Court under part 5.3; or

        (c)     an appeal or application for leave to appeal (or leave to appeal out of time) to the Court of Appeal under part 5.4, and includes a convicted person's application; or

Note     For the application of div 5.4.3 to an application under sdiv 5.4.7.3 (Appeals to Court of Appeal—leave to appeal out of time by DPP), see r 5520.

        (d)     an application for leave to file a notice of appeal under rule 5405 (2) (Appeals to Court of Appeal—time for filing notice of appeal).

"appellant" means—

        (a)     for an appeal to the Supreme Court—

              (i)     a person applying for further time to apply for leave to appeal under part 5.3; or

              (ii)     an applicant for leave to appeal under division 5.3.2 (Appeals to Supreme Court—leave to appeal) or division 5.3.3 (Appeals to Supreme Court—leave to appeal out of time); or

              (iii)     a person appealing under part 5.3; and

        (b)     for an appeal to the Court of Appeal—

              (i)     a person applying for further time to apply for leave to appeal under part 5.4; or

              (ii)     an applicant for leave to appeal under division 5.4.2 (Appeals to Court of Appeal—leave to appeal from interlocutory orders) or division 5.4.3 (Appeals to Court of Appeal—leave to appeal out of time from final judgments); or

              (iii)     the convicted person for a conviction or sentence applying for leave to appeal under subdivision 5.4.7.2 (Appeals to Court of Appeal—leave to appeal out of time by convicted person); or

              (iv)     an applicant for leave to file a notice of appeal under rule 5405 (2); or

              (v)     a person appealing under part 5.4.

"convicted person's application" means an application under subdivision 5.4.7.2 (Appeals to Court of Appeal—leave to appeal out of time by convicted person) by the convicted person for a conviction or sentence.