Commonwealth Numbered Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

FAMILY LAW RULES 20042003 No. 375 - RULE 22.46

Time for filing application for permission to appeal
(1)
A party may file an application for permission to appeal within 28 days after the order appealed from was made.

Note
A party may apply for an extension of time to make an application (see rule 1.14).

(2) An Application in a Case (Form 2) and an affidavit must be filed:

(a)
for an appeal from a court of summary jurisdiction — in the registry closest to the court in which the order appealed from was made; or

(b)
in any other case — in the Regional Appeal Registry.

(3) The affidavit must:

(a)
state the facts relied on in support of the application; and

(b)
have attached to it:

(i)
a copy of the order to which the application relates;
(ii)
the reasons for judgment (if any); and
(iii)
a draft of the proposed Notice of Appeal (Form 20).

Note
An appeal from the Federal Magistrates Court will be referred to the Chief Justice for a decision about whether the court's jurisdiction in relation to the appeal is to be exercised by a single Judge or the Full Court.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback