Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations42.12.1 In settling the index the Registrar and the parties shall have regard to the issues of fact and of law that appear from the grounds of appeal as set out in the notice of appeal or cross‑appeal.
42.12.2 The Registrar and the parties shall endeavour, in settling the index, to:
(a) exclude from the appeal book documents that are irrelevant or unnecessary; and
(b) reduce, as far as possible, the number and the length of documents to be included in the appeal book, taking care to avoid the repetition of merely formal parts of documents and unnecessary duplication.
42.12.3 Within 7 days after the index has been settled, the appellant shall file a clean copy of the index as settled.
42.12.4 Where an appeal is pending in an office of the Registry other than Canberra, Melbourne or Sydney, an index may be settled by the Registrar in the absence of the parties.
42.12.5 Where the index has been settled in the absence of the parties, the Registrar shall serve a copy of the index on each party by post or facsimile transmission.
42.12.6 Unless the contrary is shown, an index served by post or facsimile transmission shall be deemed to have been served, if posted, at the time at which it would be delivered in the ordinary course of post and if transmitted by facsimile at the time of transmission.
42.12.7 If any party is dissatisfied with the index as settled, the Registrar may, if he or she thinks it necessary, obtain the direction of a Justice.