(1) In this
rule —
legal issue includes a question or point of law, a
stated case and a petition;
refer to includes to reserve for.
(2) This rule applies
to and in respect of any legal issue that may be referred to the Court of
Appeal under any written law.
(3) The requirements
of this rule are in addition to any requirements of the written law under
which a legal issue may be referred to the Court of Appeal.
(4) To refer a legal
issue to the Court of Appeal, the court or person who may refer the issue must
file a Form 18.
(5) The Form 18 and
any documents attached to it must be served on the parties in the referring
court and on any person who the referring person considers has a direct
interest in the issue.
(6) When completing a
Form 18 —
(a) if
there is more than one legal issue being referred, they must be in numbered
paragraphs; and
(b) the
circumstances out of which the legal issue being referred arose must refer to
all the facts out of which the issue arose; and
(c) the
circumstances out of which the legal issue being referred arose must be set
out in numbered paragraphs; and
(d) the
list of materials to be considered must include any document to which the
Court of Appeal may need to refer to decide the legal issue.
[(e) deleted]
[Rule 67 amended: Gazette
22 Aug 2017 p. 4537‑8.]