Commonwealth Numbered Regulations

1979 No. 140 FEDERAL COURT RULES - RULE 52.36

36. (1) This rule applies to any application to the Court to receive evidence
in a proceeding on an appeal additional to evidence in the court below.

(2) This rule applies unless the Court otherwise directs.

(3) The application shall be made by motion on the hearing of the appeal
without filing or serving notice of the motion.

(4) The grounds of the application shall be stated in an affidavit.

(5) Any evidence necessary to establish the grounds of the application, and
the evidence which the applicant wants the Court to receive shall be given by
affidavit.

(6) The applicant shall file any affidavit not later than 21 days before the
hearing of the appeal.

(7) The evidence of any other party to the appeal shall unless the Court or
a Judge otherwise orders be given by affidavit filed not later than 14 days
before the hearing of the appeal.

(8) A party to the appeal shall, not later than the time limited for him to
file an affidavit under this rule-

   (a)  lodge as many copies of the affidavit as the Registrar may direct; and

   (b)  serve 3 copies of the affidavit on each other party to the appeal.