Commonwealth Consolidated Regulations

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Extension of time to file notice of appeal

             (1)  A party who wants to apply for an extension of time within which to file a notice of appeal must file an application, in accordance with Form 67.

             (2)  The application may be made during or after the period mentioned in rule 36.03.

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

                     (a)  the judgment or orders from which the appeal is to be brought;

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

                     (c)  an affidavit stating:

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

                             (ii)  why the notice of appeal was not filed within time;

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

Note:          An application under this rule will be heard by a single Judge unless:

(a)    the Judge directs that the application be heard by the Full Court; or

(b)    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 matter--see section 25(2) of the Act.

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