Commonwealth Numbered Regulations

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FEDERAL COURT RULES 2011 (SLI NO 134 OF 2011) - RULE 36.54

Content of appeal books

                The appeal book must comprise:

                (a)    Part A (the Core Set of Standard Items ), arranged in the following order:

                          (i)    the title page;

                         (ii)    the index to Part A;

                        (iii)    the originating application and pleadings (including any interlocutory application and any notices of motion);

                        (iv)    if the court appealed from was hearing an appeal from a tribunal or board:

                                   (A)     the reasons for decisions of the tribunal or board; and

                                   (B)     the formal decision of the tribunal or board; and

                                   (C)     any notice of appeal to the court appealed from;

                         (v)    the reasons for judgment;

                        (vi)    the sealed orders of the court appealed from;

                       (vii)    the notice of appeal;

                      (viii)    any notice of cross-appeal or notice of contention;

                        (ix)    any submitting appearance or submitting notice;

                         (x)    any order giving leave to appeal or an extension of time within which to appeal;

               (b)    Part B (the Comprehensive Reference Index ), comprising a complete index of the record of the evidence in the court from which the appeal is brought, but not the evidence, whether relevant or not, arranged in the following order:

                          (i)    a front page, bearing the following endorsement:

                                 'The exhibits, affidavits, annexures and transcript mentioned in the Comprehensive Reference Index are taken to form part of the appeal book for the appeal but will not be reproduced unless required';

                         (ii)    a chronological list of all documents received in evidence, whether as exhibits or as annexures to affidavits, showing the date of each document;

                        (iii)    a list of the affidavit evidence;

                        (iv)    a list of exhibits;

                         (v)    an index of the transcript of the evidence in the court appealed from;

                        (vi)    an index of any other relevant transcript;

                (c)    Part C, being only the exhibits and evidence to which the parties refer in the parties' submissions, arranged in the same order as the Comprehensive Reference Index, together with:

                          (i)    the parties' submissions; and

                         (ii)    each party's chronology.

Note    The Court has issued a Practice Note for the assistance of parties to an appeal under this Division and their lawyers. The Court expects the parties and their lawyers to comply with the Practice Note.



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