Commonwealth Consolidated Regulations

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HIGH COURT RULES 2004 - RULE 41.01

Initiation of application for leave or special leave to appeal

41.01.1     An application shall be in Form 23 and shall name as parties all those who were parties to the proceeding in the court below at the time of the judgment below.

41.01.2     An application shall be signed:

  (a)   by a legal practitioner on behalf of the applicant; or

  (b)   if the applicant is unrepresented--by the applicant.

41.01.3     An application:

  (a)   must not exceed 12 pages; and

  (b)   must be typed in at least 12 point (Times New Roman or equivalent font size) with line spacing of 1.5 lines.

41.01.4     An application shall be accompanied by the following:

  (a)   a copy of the sealed order or judgment of the court below;

  (b)   a copy of the reasons for the judgment below;

  (c)   if the judgment below determines an appeal or reviews a decision:

  (i)   a copy of the primary sealed order or judgment or decision; and

  (ii)   the reasons (if any) of the primary court or decision - maker that were before the court below;

  (d)   in a criminal case:

  (i)   the indictment; and

  (ii)   the transcript of entry of a plea of guilty or the summing up or charge; and

  (iii)   the transcript of entry of verdict; and

  (iv)   the Judge's remarks on sentencing;

  (e)   the notice of appeal or application for leave to appeal to the court below.


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