New South Wales Consolidated Regulations

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UNIFORM CIVIL PROCEDURE RULES 2005 - REG 51.16

Time for filing and service of notice of appeal

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.



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