Australian Capital Territory Numbered Regulations

COURT PROCEDURES RULES 2006 (NO 29 OF 2006) - REG 5110

(SCR o 84 r 13; NSW r 46.14; Qld r 784 (3))

    (1)     Not later than 14 days after the day the notice of appeal is served on the registrar of the court or tribunal appealed from, the registrar of the court or tribunal must—

    (a)     give the registrar of the Supreme Court and serve on each appellant—

    (i)     a copy of the order appealed from; and

    (ii)     if the court or tribunal gave written reasons for its order—a copy of the reasons, certified by the registrar of the court or tribunal; and

    (iii)     if there is no transcript of the proceeding in which the order appealed from was made—a copy of the notes (if any) of the proceeding, certified by the registrar of the court or tribunal; and

    (iv)     a list of the documents and any other exhibits that were before the court or tribunal, certified by the registrar of the court or tribunal; and

    (b)     give the registrar of the Supreme Court all documents and exhibits that were before the court or tribunal in relation to the proceeding in which the order appealed from was made.

    (2)     Not later than 14 days after the day the notice of appeal is filed in the Supreme Court, the appellant must, if there is a transcript of the proceeding in the court or tribunal, file in the Supreme Court a copy of the transcript of—

    (a)     the evidence in the proceeding in the court or tribunal; and

    (b)     the decision made by the court or tribunal.

    (3)     If the appeal is from an order of the AAT, the list mentioned in subrule (1) (a) (iv) must—

    (a)     state any documents that were the subject of an order under the Administrative Appeals Tribunal Act 1989 , section 34 (3) (Hearings to be in public except in special circumstances); and

    (b)     state any documents for which a certificate of the Minister is in force under that Act, section 26 (7) (Person affected by decision may obtain reasons for decision); and

    (c)     state any documents for which a certificate is in force under that Act, section 35 (Certain documents and information not required to be disclosed and questions not required to be answered) and whether an order was made by the tribunal under that Act, section 35 (4) in relation to the document.

    (4)     If the appeal is from an order of the AAT and the AAT has not given written reasons for the order, the appellant must, if entitled to do so under the relevant law—

    (a)     obtain a statement of written reasons for the order; and

    (b)     give a copy of the statement to the registrar of the AAT, and file a copy of the statement in the Supreme Court, no later than 14 days after the day the appellant receives the statement.