Western Australian Current Acts Western Australian Current Acts (1) Leave of the Court
of Appeal is required for each ground of appeal in an appeal brought under
this Part.
(2) Except as provided
in subsection (3), the Court of Appeal must decide whether to give leave to
appeal on a ground of the appeal before the hearing of the appeal.
(3) If the Court of
Appeal considers it necessary or desirable, it may give leave to appeal at the
hearing of, or when giving judgment on, the appeal.
(4) After an appeal
has commenced, the Court of Appeal must not give leave to appeal on a ground
of appeal unless it is satisfied —
(a) the
ground identifies fresh and compelling evidence or new and compelling evidence
that should, in the interests of justice, be considered on an appeal; and
(b) the
ground has a reasonable prospect of succeeding.
(5) Unless the Court
of Appeal gives leave to appeal on at least 1 ground of appeal, the appeal is
taken to have been dismissed.
[Section 35F inserted: No. 18 of 2022 s. 4.]