Commonwealth Consolidated Regulations

HIGH COURT RULES 2004 - RULE 40.01

    In Chapter   4 of the Rules, unless the contrary intention appears:

"appeal" means an appeal to the Court.

"appellant" , in relation to an appeal, means the person appealing.

"applicant" , in relation to an application for leave or special leave to appeal, means the person making the application.

"application" means an application for leave or special leave to appeal to the Court.

"court below" means the court pronouncing the judgment below.

"indictment" includes an information or other process setting out the offence with which an applicant was charged before the court first recording a conviction or sentence.

"intervener" includes a person intervening and a person seeking leave to intervene or to be heard as amicus curiae before the Full Court.

"Judge" includes a Justice.

"judgment" includes an order, a conviction and a sentence.

"judgment below" , in relation to an application, means the judgment from which it is sought to appeal, and in relation to an appeal, means the judgment from which the appeal is brought.

"parties" , in relation to an application, means an applicant and any respondent who has filed an appearance.

"respondent" , in relation to an application, means a person who is required to be served with the application, other than the proper officer of the court below, and in relation to an appeal, means a person who has been served with a notice of appeal.

"unrepresented applicant" means an applicant to an application for leave or special leave to appeal who does not have legal representation.

"unrepresented person" means an applicant or respondent to an application who does not have legal representation.