Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered Regulations(SCR o 61 r 5 (2), o 61A r 10 and o 84 r 12; MCA s 216; NSW r 45.22 and r 46.7; Qld r 761 and r 785)
(1) An appeal to the court from a decision of the master or registrar (the judicial officer ) in a civil proceeding does not operate as a stay of the decision appealed from unless a stay of the decision is ordered by the judicial officer or the court.
Note Pt 6.2 (Applications in proceedings) applies to an application for a stay or for an order under this rule.
(2) An application for a stay of the decision may be made by a party to the appeal.
(3) In an urgent case, the application may be made without serving it on anyone.
(4) If the application is made without serving it on anyone, the application must be accompanied by an affidavit setting out the grounds relied on in support of the claim of urgency.
(5) If the decision appealed from is stayed by the judicial officer or the court, the judicial officer or the court may make any order that the judicial officer or the court considers necessary or desirable to give effect to the stay.
(6) The court may, by order, amend or set aside an order for a stay (including an order made by the judicial officer).
(7) An application for an order of the court under subrule (1) may be made whether or not a similar application has been made to the judicial officer.
(8) If any step has
been taken for the enforcement of a decision and the court amends or sets
aside the decision on appeal under this part, the court may make the orders
for reinstatement it considers appropriate.
Part 5.3 Appeals to Supreme Court
Note to pt 5.3
For appeals to Court of Appeal, see pt 5.4, for orders to review Magistrates Court decisions, see pt 5.5 and for reference appeals, see pt 5.6.
Division 5.3.1 Appeals to Supreme Court—preliminary