Commonwealth Numbered Regulations Commonwealth Numbered Regulations(1) An application for an extension of time within which to file a notice referred to in subrule 4.01(1) or (2) must be filed in accordance with Form CP22.
(2) The application may be filed during, or after the end of, the period within which the notice was required by subsection 30AF(2) of the Act to be filed.
(3) The application must be accompanied by an affidavit stating:
(a) briefly, but specifically, the facts that support the application; and
(b) why the notice cannot be, or was not, filed in time.
(4) The following must be attached to the affidavit:
(a) the judgment or decision to which the application relates;
(b) the reasons, if published, for the judgment or decision;
(c) a draft notice of appeal that complies with rule 4.10.
Note 1: An application filed in accordance with Form CP22 will include an application for leave to appeal.
Note 2: The Court may grant an extension of time, and hear and determine the application for leave to appeal, at the same time.
Note 3: Section 30AE of the Act requires an application under rule 4.01 or 4.02 to be heard and determined by a single Judge, unless:
(a) a Judge directs that the application be heard and determined by a Full Court; or
(b) the application is made in a proceeding that has already been assigned to a Full Court, and the Full Court considers it appropriate to hear and determine the application.