Commonwealth Consolidated Regulations

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FEDERAL COURT RULES 2011 - RULE 35.12

Form of application

  (1)   A person who wants to apply for leave to appeal must file an application, in accordance with Form 117.

  (2)   The application must be accompanied by the following:

  (a)   the judgment or order from which leave to appeal is brought;

  (b)   the reasons, if published, for the judgment or order;

  (c)   an affidavit stating the facts that support the application;

  (d)   a draft notice of appeal that complies with rules   36.01(1) and (2); and

  (e)   if the applicant wants to have the application considered without oral argument--a statement to that effect.

Note 1:   A lawyer may file a notice of appeal starting migration litigation only if the notice includes or is accompanied by a certificate under section   486I of the Migration Act 1958 , signed by the lawyer.

Note 2:   File is defined in the Dictionary as meaning file and serve.

Note 3:   For migration litigation, lawyer has the meaning given by section   5 of the Migration Act 1958 .


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