Commonwealth Consolidated Regulations

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Extension of time to seek leave to appeal

             (1)  A person who wants to apply for an extension of time to seek leave to appeal must file an application, in accordance with Form 118.

             (2)  The application may be made during or after the period mentioned in rule 35.13.

             (3)  The application must be accompanied by the following:

                     (a)  the judgment or order from which leave to appeal is sought;

                     (b)  the reasons for the judgment or order, if published;

                     (c)  an affidavit stating:

                              (i)  briefly but specifically, the facts on which the application relies; and

                             (ii)  why the application for leave to appeal was not filed within time; and

                     (d)  a draft notice of appeal that complies with rules 36.01(1) and (2);

                     (e)  a statement by the applicant of whether the applicant wants to have the application considered without oral argument.

Note 1:       The Court may grant an extension of time, and hear and determine the application for leave to appeal, at the same time.

Note 2:       An application under rule 35.12 or 35.14 will be heard and determined by a single Judge unless the application is made in a proceeding that has already been assigned to a Full Court and the Full Court considers it appropriate to hear and determine the application.

Note 3:       File is defined in the Dictionary as meaning file and serve.

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