Commonwealth Consolidated Regulations

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FAMILY LAW RULES 2004 - RULE 22.18

Preparation of appeal books

             (1)  The appellant or, if so ordered, the cross-appellant is responsible for preparing and filing the appeal books, including arranging to obtain any transcript required to be included in the appeal books.

             (2)  If a Judge or Regional Appeal Registrar is satisfied that preparing the appeal books would impose exceptional hardship on the appellant, the Judge or Regional Appeal Registrar may order either of the following to prepare and file the appeal books:

                     (a)  a respondent;

                     (b)  the Regional Appeal Registrar.

Note:          If the Regional Appeal Registrar prepares the appeal books, the appellant or cross-appellant (if so ordered) is still responsible for obtaining the transcript (see rule 22.27).

             (3)  When making an order under subrule (2), the court may order the appellant to pay the costs of preparing the appeal books.

Note 1:       The party filing the appeal books must file and serve the number of copies ordered to be filed (see paragraph 22.17(2)(c)). The number to be filed will include enough copies for each member of the Full Court. In addition, the number required to be served will be 2 copies for each other party.

Note 2:       A party may apply for an extension of time (see rule 1.14).

Note 3:       If a party fails to comply with the requirements for filing and serving the appeal books, the appeal is taken to be abandoned (see rule 22.21).



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