Commonwealth Consolidated Regulations

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FEDERAL COURT RULES 2011 - RULE 33.22

Directions hearing

    A party may apply to the Court for the following directions:

  (a)   for determining what documents and matters were before the Tribunal;

  (b)   the giving of further evidence, under section   44(8)(b) of the AAT Act,

  (c)   for the joining or removing of a party to the appeal;

  (d)   giving summary judgment;

  (e)   making an interlocutory order pending, or after, the determination of an appeal to the Court;

  (f)   making an order by consent disposing of an appeal including an order for costs;

  (g)   dismissing an appeal for want of prosecution;

  (h)   making an order that an appeal to the Court be dismissed for:

  (i)   failure to comply with a direction of the Court; or

  (ii)   failure of the appellant to attend a hearing relating to the appeal;

  (i)   the conduct of the appeal including:

  (i)   contents of the appeal book;

  (ii)   the use of written submissions;

  (iii)   limiting the time for oral argument;

  (j)   the conduct of the appeal without an oral hearing subject to the condition that the parties be entitled to present written submissions;

  (k)   the staying of a decision of the Tribunal;

  (l)   to refer the notice of appeal and any other necessary papers to the Chief Justice for an order on whether the appeal should be heard by a Full Court;

  (m)   for the place, time and mode of hearing;

  (n)   to determine any other matter for the purpose of preparing the appeal for hearing.


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