New South Wales Consolidated Regulations

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UNIFORM CIVIL PROCEDURE RULES 2005 - REG 50.12

Leave to appeal

50.12 Leave to appeal

(cf SCR Part 51A, rule 2A)

(1) A summons seeking leave to appeal must be filed--
(a) within 28 days after the material date, or
(b) if the appeal relates to the decision of a judicial officer, within such further time as the judicial officer may allow so long as the application for such further time is filed within 28 days after the material date, or
(c) within such further time as the higher court may allow.
(2) An application for an extension of time under subrule (1)(c) must form part of the summons seeking leave to appeal.
(3) The summons must be in the approved form and must contain a statement as to--
(a) whether the appeal relates to the whole or part only, and what part, of the decision of the court below, and
(b) what decision the plaintiff seeks in place of the decision of the court below.
(4) The summons must also contain a statement of--
(a) the nature of the case, and
(b) the reasons why leave should be given, and
(c) if applicable, the reasons why time to apply for leave should be extended,
setting out briefly but specifically the grounds relied on in support of the appeal including, in particular, any grounds on which it is contended that there is an error of law in the decision of the court below.
(5) This rule does not apply to an appeal under section 39 of the Victims Support and Rehabilitation Act 1996 .
Note : See instead rule 50.23.



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