Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations41.09.1 For the purpose of an application, there shall be an application book.
41.09.2 The contents of the application book shall be all of the documents referred to in rule 41.01.2 together with:
(a) the application for leave or special leave;
(b) the draft notice of appeal;
(c) the parties' summaries of argument (with any annexures) and reply;
(d) any affidavit filed under rule 41.02.2 explaining a failure to comply with rule 41.02.1; and
(e) any submitting appearance by a respondent.
41.09.3 The documents in the application book shall be arranged in the following order:
(a) documents in the primary court or tribunal, arranged in the following order:
(i) in a civil matter:
(A) decision and reasons for decision of the tribunal (if any) where that decision is the subject of review;
(B) reasons;
(C) sealed order or judgment;
(ii) in a criminal matter:
(A) indictment;
(B) transcript of entry of plea of guilty, or summing up or charge;
(C) transcript of entry of verdict;
(D) Judge's remarks on sentencing;
(b) documents in the court below, arranged in the following order:
(i) notice of appeal or application for leave to appeal;
(ii) reasons;
(iii) sealed order or judgment;
(c) documents in this Court, arranged in the following order:
(i) application for leave or special leave;
(ii) any affidavit filed pursuant to rule 41.02.2 explaining a failure to comply with rule 41.02.1;
(iii) draft notice of appeal;
(iv) applicant's summary of argument (including any annexure);
(v) respondent's summary of argument (including any annexure);
(vi) reply;
(vii) any submitting appearance by a respondent.
41.09.4 The pages of the documents shall in every case be numbered consecutively.
41.09.5 The original pagination of any document reproduced in the application book, including any transcript of proceedings and the reasons for judgment in the court below, shall be retained.
41.09.6 If any document is referred to in a summary of argument by reference to its original pagination, that reference shall be accompanied by a notation in the right hand margin of the summary of argument of the corresponding page number in the application book.
41.09.7 A party shall attach to the summary of argument filed by that party, for inclusion in the application book:
(a) any document necessary for the proper determination of the application which was tendered in evidence at trial or was tendered in evidence in the court below, and which would not otherwise be included in the application book, preceded, in each case, by a sheet stating the date of the document, a short description of the nature of the document, and when and where the document was tendered; and
(b) any affidavit deposing to facts not otherwise in evidence at trial or in the court below and upon which the party seeks to rely in support of or in opposition to the grant of leave or special leave to appeal, together with any exhibits to that affidavit.
41.09.8 Within 21 days after the time fixed for filing and serving a reply, or such other time as a Justice or the Registrar may direct, the applicant shall:
(a) prepare and file 7 copies of the application book; and
(b) supply 3 copies of the application book to each respondent who has filed a notice of appearance.
41.09.9 The applicant shall prepare an application book in the same manner and form as required in the case of an appeal book by rules 42.13.1 to 42.13.8.
41.09.10 The application book shall be prepared and produced in a manner satisfactory to the Registrar.