Commonwealth Consolidated Regulations

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FEDERAL COURT RULES 2011 - RULE 33.29

Further evidence on appeal

             (1)  A party may apply for the Court to receive further evidence on appeal.

             (2)  The application must be filed at least 21 days before the hearing of the appeal and be accompanied by an affidavit stating the following:

                     (a)  the facts relating to the grounds of the application;

                     (b)  any evidence necessary to establish the grounds of the application;

                     (c)  the evidence that the applicant wants the Court to receive;

                     (d)  why the evidence was not adduced in the Tribunal.

             (3)  The application and the affidavit must be filed as follows:

                     (a)  if the appeal is to the Full Court--4 copies;

                     (b)  if the appeal is to a single Judge--2 copies.

             (4)  Any other party to the appeal who wants to adduce evidence on the application must file an affidavit at least 14 days before the hearing of the appeal.

Note:          The Court may receive further evidence on an appeal for the purpose of making findings of fact under section 44(7) of the AAT Act.



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