Australian Capital Territory Numbered Regulations

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SUPREME COURT AMENDMENT RULES 2004 (NO 5) (NO 54 OF 2004) - REG 55

Order 86 rules 44 and 45

substitute

44     List of authorities, legislation and texts

    (1)     A party's list of authorities, legislation and texts must list any authority, legislation or text that the party expects will be quoted from, or that may be referred to, by the party.

    (2)     A party's list of authorities, legislation and texts may be divided into 2 parts (parts A and B) and list any authority, legislation or text—

        (a)     in part A—that the party expects will be quoted from by the party; and

        (b)     in part B—that may be referred to by the party.

    (3)     An authority, legislation or text must be identified as follows:

        (a)     for an authority—by case, citation and relevant part;

        (b)     for legislation—by provision;

        (c)     for a text—by edition and page number.

45     Abandonment of ground of appeal

    (1)     This rule applies if an appellant wants to abandon a ground of appeal.

    (2)     The appellant must give notice to each other party that the ground of appeal will not be relied on.

    (3)     The notice must be given—

        (a)     as soon as possible; but

        (b)     if the appeal is not to be decided by written cases under division 86.8 (Written cases)—within a reasonable time before the day set down for the hearing.

    (4)     The Court of Appeal may make any order the court considers just in relation to costs incurred because of a failure by the appellant to comply with this rule.



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