Victorian Consolidated Regulations

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SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 - REG 64.04

Contents of application for leave to appeal or notice of appeal

An application for leave to appeal or a notice of appeal shall—

        (a)     identify the decision to which the application for leave to appeal relates or the decision appealed, as the case may be;

        (b)     state whether leave is required and—

              (i)     if not, state why; and

              (ii)     where leave is required, whether an oral hearing is requested;

Rule 64.04(c) substituted by S.R. No. 14/2016 rule 4(1).

        (c)     in the case of a notice of appeal, set out specifically and concisely—

              (i)     the grounds of appeal; and

              (ii)     if the appeal is in the nature of an appeal on a question of law, the question or questions of law on which the appeal is brought;

Rule 64.04(d) substituted by S.R. No. 14/2016 rule 4(2).

        (d)     in the case of an application for leave to appeal, set out specifically and concisely—

              (i)     the reasons why leave should be granted;

              (ii)     the proposed grounds of appeal if leave were granted; and

              (iii)     if the proposed appeal is in the nature of an appeal on a question of law, the question or questions of law on which the appeal is proposed to be brought;

        (e)     state the decision sought in place of that to which the application or appeal relates;

        (f)     set out any extension of time requested;

        (g)     state whether the whole or part only and which part of the decision is sought to be appealed or is being appealed;

        (h)     state whether a stay is requested;

              (i)     state whether the application for leave to appeal or the appeal is urgent, and if so, the reasons for the urgency;

        (j)     identify each party or person on whom it is proposed to serve the application for leave to appeal or the notice of appeal; and

Rule 64.04(k) amended by S.R. No. 32/2017 rule 10.

        (k)     provide the applicant's or appellant's address for service in accordance with these Rules, including an active email address if available.



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