Commonwealth Numbered Regulations

1995 No. 319 FAMILY LAW RULES (AMENDMENT) - RULE 14

  14.1   Subrules 15 (1), (2) and (3):
Omit the subrules, substitute:

"(1) Subject to rule 13 and subrule (2), the appeal registrar must direct,
under paragraph 12 (1) (g), the appellant to be responsible for preparing the
appeal papers.

"(2) If the appeal registrar is satisfied that it would impose hardship on the
appellant for the appellant to be responsible for preparing the appeal papers,
the appeal registrar may:

   (a)  prepare the appeal papers; or

   (b)  if there is a cross-appellant-order the cross-appellant to do so.

"(3) Subject to subrule (4), and by the date fixed under paragraph 12 (1) (h),
or by a later date fixed by an appeal registrar or a Judge of the Appeal
Division, the party who is responsible for preparing the appeal papers, or any
part of them, must:

   (a)  file the appeal papers in the appeal registry, together with:

        (i)    a certificate by that party, or the solicitor for that party,
               to the effect that the appeal papers have been examined and
               have been prepared in accordance with the index to the appeal
               papers as settled by the appeal registrar; and

        (ii)   the number of copies of the appeal papers that the appeal
               registrar directs; and

   (b)  serve 2 sealed copies on each other party to the appeal.".

  14.2   Add at the end:


"(5) If an appellant or cross-appellant who is responsible for filing and
serving the appeal papers does not file and serve the appeal papers by the
date fixed under paragraph 12 (1) (h), or by a later date fixed under subrule
(3), the appeal or cross-appeal is taken to be abandoned at the end of 28 days
after the date by which the appeal papers should have been filed and served.

"(6) Unless the court otherwise orders, if an appeal or cross-appeal is
abandoned under subrule (5), the appellant or cross-appellant must pay the
costs of the other parties to the appeal or cross-appeal.".