Commonwealth Numbered Regulations

1984 No. 425 FAMILY LAW RULES - ORDER 32 RULE 2

2. (1) Upon the filing of a notice of appeal in accordance with sub-rule 1
(1), the Principal Registrar shall-

   (a)  obtain from the court appealed from the original or a copy of the
        transcript of the proceedings in that court;

   (b)  obtain from the Registrar or other proper officer of the court
        appealed from-

        (i)    the exhibits and a list of exhibits certified by the Registrar
               or officer;

        (ii)   a certificate from the Registrar or officer as to the
               whereabouts of exhibits not immediately available;

        (iii)  all the other documents before the court appealed from and a
               list thereof certified by such officer; and

        (iv)   the reasons for judgment (if any) in the court appealed from,
               certified by the Registrar or officer or a Judge's secretary or
               associate; and

   (c)  obtain from the person in whose custody they are the exhibits referred
        to in sub-paragraph (1) (b) (ii).

(2) The Principal Registrar shall retain the documents and exhibits obtained
under sub-rule (1) until the disposal of the appeal and shall thereupon return
them to the officers or persons from whom they were obtained.

(3) The Principal Registrar or, at his direction, a Registrar of a Family
Court shall appoint a time and place for the settlement of the appeal papers
and shall in writing request the parties to the appeal to attend the
appointment to settle those papers.

(4) At the appointment to settle the papers, the Principal Registrar or, at
the direction of the Principal Registrar, a Registrar of a Family Court shall-

   (a)  determine what documents and other material shall be included in the
        appeal papers, the order of inclusion, the indexing, and such other
        matters as the Registrar thinks fit concerning the preparation of
        copies of the papers;

   (b)  note any correction to the transcripts; and

   (c)  if practicable and, subject to any general or specific direction from
        the Chief Judge, fix a date and place for the hearing of the appeal.

(5) The appeal papers may be prepared by the Principal Registrar or, at the
direction of the Principal Registrar, by a Registrar of a Family Court or a
party to the appeal.

(6) When appeal papers have been prepared, the appellant shall-

   (a)  file one copy in the Principal Registry;

   (b)  lodge with the Principal Registry such number of copies as the
        Principal Registrar may direct; and

   (c)  serve 2 copies on each other party to the appeal.

(7) For the purposes of this rule, "exhibit" includes a document or thing
marked for identification, notwithstanding that it was not admitted in
evidence.

(8) Where an appellant fails to prosecute an appeal with reasonable diligence,
the Principal Registrar shall report the matter to the Chief Judge, and the
Chief Judge may call upon the appellant to show cause why the appeal should
not be dismissed or dismiss the appeal, or take such steps, or make such
orders, as the Chief Judge thinks fit.

(9) All or any of the powers and functions of the Chief Judge under sub-rule
(8) may, on the direction of the Chief Judge, be exercised or performed (as
the case requires) by a Full Court of the Family Court, whether or not the
Chief Judge is a member of that Full Court.