Commonwealth Numbered Regulations

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FEDERAL COURT RULES 2011 (SLI NO 134 OF 2011) - RULE 36.72

Notice of objection to competency of appeal

         (1)   A respondent who objects to the competency of an appeal must, within 14 days after being served with a notice of appeal, file a notice of objection to competency:

                (a)    in accordance with Form 125; and

               (b)    that, briefly but specifically, states the grounds of the objection.

         (2)   The appellant carries the burden of establishing the competency of an appeal.

         (3)   A respondent may apply to the Court for the question of competency to be heard and determined before the hearing of the appeal.

         (4)   If a respondent has not filed a notice under subrule (1), and the appeal is dismissed by the Court as incompetent, the respondent is not entitled to any costs of the appeal.

         (5)   If the Court decides that an appeal is not competent, the appeal is dismissed.

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