Commonwealth Consolidated Regulations

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FEDERAL COURT RULES 2011 - RULE 36.08

Stay of execution or proceedings under judgment appealed from

             (1)  An appeal does not:

                     (a)  operate as a stay of execution or a stay of any proceedings under the judgment subject to the appeal; or

                     (b)  invalidate any proceedings already taken.

             (2)  However, an appellant or interested person may apply to the Court for an order to stay the execution of the proceeding until the appeal is heard and determined.

             (3)  An application may be made under subrule (2) even though the court from which the appeal is brought has previously refused an application of a similar kind.

Note:          Interested person is defined in the Dictionary.



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