Commonwealth Numbered Regulations

1979 No. 140 FEDERAL COURT RULES - RULE 52.18

18. (1) A respondent may move on notice at any time for an order dismissing an
appeal as incompetent.

(2) Upon the hearing of the motion, the burden of establishing the competency
of the appeal is on the appellant.

(3) If a respondent does not move under sub-rule (1) but the appeal
nevertheless is dismissed by the Court as incompetent, the respondent shall
not, unless the Court otherwise orders, receive any costs of the appeal, and
the Court may order that he pay the appellant any costs of the appeal proving
useless or unnecessary.