Commonwealth Numbered Regulations

1984 No. 425 FAMILY LAW RULES - ORDER 32 RULE 4

4. (1) An appeal under section 96 of the Act shall be instituted by the filing
of a notice of appeal in accordance with Form 43.

(2) A notice of appeal under sub-rule (1) shall be filed-

   (a)  within 1 month after the date on which the decree appealed from was
        pronounced; or

   (b)  within such further time as a Judge of a court having jurisdiction
        under the Act allows.

(3) Within 14 days after the filing of a notice of appeal in accordance with
sub-rule (2), a sealed copy of the notice of appeal shall be served in
accordance with Order 18, paragraph 5 (1) (a) or (c) on each of the other
parties to the proceedings and a further sealed copy shall be lodged in the
office of the registry that is the filing registry for the proceedings in
which the order appealed from was made.

(4) Where an appeal under section 96 of the Act has been instituted, the
Magistrate who made the decree appealed from or, if that Magistrate is not
reasonably available, a Judge of the court in which the appeal is instituted,
may make an order staying in whole or part the execution or operation of the
decree pending the determination of the appeal and, where such an order has
been made, a court shall not, pending the determination of the appeal, enforce
the decree or entertain proceedings for the enforcement of the decree in so
far as its execution or operation has been stayed.