Commonwealth Numbered Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

1979 No. 140 FEDERAL COURT RULES - RULE 52.28

Preparation of appeal papers
28. (1) The title page of the appeal papers shall give the full and correct
title of the proceeding, including the title of the court from which the
appeal is brought, and the names of the solicitors for each party and their
addresses for service.

(2) After the title page there shall be an index of the documents comprising
the appeal papers and showing the date and page number of each document.

(3) The appeal papers shall be paginated and the documents arranged as
follows:

   (a)  Process and pleading.

   (b)  Evidence, oral or affidavit.

   (c)  Testimony taken on commission or before an examiner and put in or used
        as evidence.

   (d)  Exhibits. Arranged in the order in which they have been lettered or
        numbered as exhibits in the court below.

   (e)  The reasons for decisions of the tribunal or board. ) If the court
) or judge below
    (f)  The formal decision of the tribunal or board.        )  was hearing
an

) appeal from a
    (g)  The notice of appeal, if any, to the court below.    )  tribunal or

board.

   (h)  The reasons for judgment of the court below.

        (i)    The formal judgment or order of the court below.

   (j)  The notice of appeal.

   (k)  The certificate that the transcript has been examined and is correct.

(4) The date and a short description of the nature of each document shall
precede it, but formal headings shall not be printed or copied, and jurats ,
formal identification of exhibits and the like shall be omitted.

(5) Interrogatories and answers and affidavits of documents shall not be
copied except so far as they were put in evidence.

(6) A copy of the appeal papers shall be filed in the Registry with a
certificate by the parties or their solicitors that it has been examined and
is correct.

(7) The appeal papers need not be in bound and printed form but shall be clear
and legible and securely fastened.

(8) The appeal papers shall be prepared to the satisfaction of the Registrar.

(9) The requirements of this rule shall be subject to any direction which may
be given by the Court or a Judge.

(10) The appellant shall file such number of copies of the appeal papers as
the Registrar directs pursuant to paragraph 27 (c).



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback