FAMILY LAW RULES 20042003 No. 375 - RULE 22.57 Application for reinstatement of appeal

Commonwealth Numbered Regulations

Application for reinstatement of appeal

(1): A party may apply to have an appeal abandoned under subrule 22.56 (1) reinstated.

(2): In determining an application under subrule (1), the court may consider, among other things, the following:

(a): the main purpose of these Rules (see rule 1.04);
(b): the administration of justice;
(c): whether the application has been made promptly;
(d): whether the non-compliance was intentional;
(e): whether there is a good reason for the non-compliance;
(f): the extent to which the party has otherwise complied, in the case, with orders and legislative provisions;
(g): whether the non-compliance was caused by the party or the party's lawyer;
(h): the effect of non-compliance on each other party;
(i): the effect that reinstating the appeal would have on each other party and on parties to other cases in the court;
(j): an order for costs, including costs on an indemnity basis;
(k): whether a party should be prevented from taking any further steps in the appeal until the costs are paid.

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