Australian Capital Territory Current Regulations

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COURT PROCEDURES RULES 2006 - REG 5855

Written cases—filing etc written case for application

    (1)     This rule applies if an application is to be dealt with by written case.

    (2)     The appellant (or each appellant) must—

        (a)     if there is only 1 respondent—file the required number of copies of the appellant's written case in the court, and serve a copy on the respondent not later than 28 days after the day the notice mentioned in rule 5854 (2) is served on the appellant; or

        (b)     if there are 2 or more respondents and the notice mentioned in rule 5854 (2) is served by them on different days—file the required number of copies of the appellant's written case in the court, and serve a copy on each respondent not later than 28 days after the earliest of the days.

    (3)     The respondent (or each respondent) must file the required number of copies of the respondent's written case in the court, and serve a copy on each other party not later than 28 days after the day the appellant's written case is served on the respondent (or, if there are 2 or more appellants, the day the last of the appellants' written cases are served on the respondent).

    (4)     An appellant may file the required number of copies of written submissions in reply to a respondent's written case in the court, and serve a copy on the respondent (or each respondent) not later than 14 days after the day the respondent's written case is served on the appellant.

    (5)     In this rule:

"application" means an application mentioned in rule 5850 (Definitions—pt 5.8), definition of "appeal".

"appellant" means a person mentioned in rule 5850, definition of "appellant", other than subparagraphs (a) (iii) and (b) (iv).

"required number" means—

        (a)     if the application is filed in electronic form—1; or

        (b)     if the application is filed in paper form—

              (i)     for an application to the Court of Appeal—4; or

              (ii)     for an application to the Supreme Court—1.



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