Commonwealth Consolidated Regulations

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FEDERAL COURT RULES 2011 - RULE 36.57

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

                     (b)  the grounds of appeal to which the application relates;

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

                     (d)  why the evidence was not adduced in the court appealed from.

             (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 appeal must file an affidavit at least 14 days before the hearing of the appeal.

Note:          Section 27 of the Act allows the Court to receive further evidence on appeal.

Rules 36.58-36.70 left blank



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