Commonwealth Consolidated Regulations

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FEDERAL COURT RULES 2011 - RULE 36.01

Form of notice of appeal

             (1)  A party who wants to appeal to the Court must file a notice of appeal in accordance with:

                     (a)  for an appeal from the Federal Circuit Court of Australia--Form 121; or

                     (b)  for an appeal from any other court--Form 122; or

                     (c)  for an appeal from a single Judge of the Court--Form 122.

             (2)  The notice of appeal must state:

                     (a)  whether the whole judgment or all of the orders, or only part of the judgment or some of the orders, are appealed from; and

                     (b)  if only part of the judgment, or some of the orders, is appealed from--the part of the judgment or the particular orders appealed from; and

                     (c)  briefly but specifically, the grounds relied on in support of the appeal; and

                     (d)  the judgment or orders the appellant wants instead of the judgment or orders appealed from.

             (3)  If an appeal is brought by leave of the Court:

                     (a)  the notice of appeal must include a statement to that effect; and

                     (b)  a copy of the order giving leave must be attached to the notice of appeal.

             (4)  The notice of appeal must include the appellant's address for service.

Note 1:       A lawyer may file a notice of appeal starting migration litigation only if the notice includes or is accompanied by a certificate under section 486I of the Migration Act 1958 , signed by the lawyer.

Note 2:       For migration litigation, lawyer has the meaning given by section 5 of the Migration Act 1958 .

Note 3:       The notice of appeal will include a note that before taking any step in the proceeding the respondent must file a notice of address for service.

Note 4:       The appellate jurisdiction of the Court will be exercised by the Full Court--see section 25(1) of the Act. However:

(a)              if the appeal is from a judgment of the Federal Circuit Court of Australia, the appellate jurisdiction will be exercised by a single Judge or if a Judge considers it appropriate that the appellate jurisdiction of the Court in relation to the appeal be exercised by the Full Court, the Full Court (see section 25(1AA) of the Act); or

(b)              if the appeal is from a court of summary jurisdiction, the jurisdiction is to be exercised by a single Judge or, if a Judge considers it appropriate that the appellate jurisdiction of the Court in relation to the appeal be exercised by the Full Court, the Full Court (see section 25(5) of the Act).

Note 5:       A respondent may, within 14 days of being served with the notice of appeal, object to the competency of the appeal--see rule 36.72.



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