Commonwealth Numbered Regulations

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FEDERAL COURT (CRIMINAL PROCEEDINGS) RULES 2016 (F2016L01726) - RULE 4.11

Extension of time to file notice of appeal

             (1)  An application for an extension of time within which to file a notice of appeal must be filed in accordance with Form CP25.

             (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 a notice of appeal 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:          Section 30AE of the Act requires the application 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.



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