New South Wales Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 51.16

51.16 Time for filing and service of notice of appeal

(cf SCR Part 51, rules 5 and 6(1) and (3))

(1) A notice of appeal must be filed and served on each necessary party--

(a) if the notice of appeal is filed pursuant to leave to appeal--within 7 days after leave is given or such other time as the Court may fix, or

(b) if a notice of intention to appeal has been filed and served under this Part and the notice of appeal is not filed pursuant to leave--as allowed under rule 51.9, or

(c) if a notice of intention to appeal has not been filed and served under this Part and the notice of appeal is not filed pursuant to leave to appeal--within 28 days after the material date or such other time as the Court may fix.

Note 1 : Rule 51.20 requires any notice of appeal to specify a return day.

Note 2 : A person who files and serves a notice of appeal must also file or lodge a copy of the notice with the court below--see rule 51.42

(2) The Court may extend time under subrule (1)(a) or (c) at any time.

Note : Rule 51.9 provides for the extension of the time for the filing and service of a relevant originating process when a notice of intention to appeal has been filed and served under this Part.

(3) A party applying for an extension under subrule (1)(a) or (c) may include the application in the notice of appeal.