Commonwealth Numbered Regulations

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1979 No. 140 FEDERAL COURT RULES - RULE 52.17

Stay
17. (1) An appeal to the Court shall not-

   (a)  operate as a stay of execution or of proceedings under the judgment
        appealed from; or

   (b)  invalidate any intermediate act or proceeding, except so far as the
        Court or the court below may direct.

(2) The Court may vary or vacate any direction of the Court or the court below
referred to in sub-rule (1).

(3) An application for a direction of the Court under sub-rule (1) or an order
under sub-rule (2) shall be made to the Court by motion upon notice, and may
be made whether or not a similar application has been made to the court below.



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