Commonwealth Numbered Regulations

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FAMILY LAW RULES 20042003 No. 375 - RULE 22.26

Summary of argument and list of authorities

(1) Each party must file and serve a summary of argument and a list of authorities to be relied on:

(a)
for the appellant — at least 14 days before the first day of the sittings in which the appeal is listed for hearing;

(b)
for the respondent — at least 7 days before the first day of the sittings in which the appeal is listed for hearing; and

(c)
for any child representative — at least 3 days before the first day of the sittings in which the appeal is listed for hearing.

(2)
For subrule (1), a summary of argument must:

(a)
set out in relation to each ground of appeal, a statement of the arguments setting out the points of law or fact and the authorities relied on;

(b)
set out the orders sought;

(c)
not exceed 10 pages;

(d)
have all paragraphs numbered consecutively;

(e)
be signed by the lawyer who prepared the summary or by the party; and

(f)
include the signatory's name, telephone number, facsimile number and e-mail address (if any) or document exchange number (if any) at which the signatory may be contacted.

Note 1
At the hearing of the appeal, each party will be expected to speak to the party's written submission. It is not appropriate to simply read through the submission. The court may impose time limits on each party, which will be strictly adhered to unless a new matter arises during argument.
Note 2
For the number of copies of a document to file, see rule 24.08.
Note 3
This rule applies unless the court orders otherwise (see rule 1.12). For example, the court may allow a summary of argument to be longer than 10 pages.


File Notice of Appeal (Form 20)

28 days (r 22.29)

Procedural orders made

90 days after filing Form 20 (r 22.34)

Hearing date



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