Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations42.13.1 Unless a Justice or the Registrar otherwise orders or directs, the appeal book shall be prepared by the appellant in accordance with this rule.
42.13.2 The appeal book shall be printed or reproduced by a process which gives uniform copies of pages in a clear and legible type.
42.13.3 The pages of the appeal book shall be numbered consecutively and printed on both sides of the sheet.
42.13.4 The pages of the appeal book shall be international size A4 and shall be bound in separate volumes of not more than 500 pages (which is to say 250 sheets).
42.13.5 Where the appeal book is bound as two or more volumes;
(a) the title page of each volume shall bear the appropriate volume number immediately following the heading 'Appeal Book'; and
(b) the index shall contain a sub‑heading giving the appropriate volume number before the entry for the first document in each volume.
42.13.6 The contents of the appeal book shall be printed with a 2.5 cm margin upon each side of each page and every tenth line numbered in the margin.
42.13.7 The appeal book may be bound by means of either a flexi binding or spiral binding process.
42.13.8 The appeal book shall have in each volume:
(a) a title page setting out the full and correct title of the proceedings, including the title of the court below, the names of the solicitors for each party, the address for service of each party and the telephone, facsimile and reference number of each party; and
(b) after the title page, an index consisting of a complete list of documents contained in the record before the Court, as settled under rule 42.12 indicating, in the case of each document, whether its text is reproduced and included in the book or not, and, if it is reproduced and included, indicating the page of the book on which it appears.
42.13.9 The index to an appeal book shall comply with the index prepared under rule 42.12.
42.13.10 The index shall give the date of each document and shall give, in the case of exhibits, the exhibit mark and, in the case of documents marked only for identification, the exhibit mark, if any, with the letters 'MFI' following the exhibit mark.
42.13.11 In the index, the exhibits shall be arranged in the order in which they have been lettered or numbered and there shall be a reference to the page of the appeal book on which the tendering of exhibits is recorded.
42.13.12 The documents in an appeal book shall be arranged in the following order:
(a) process and pleadings;
(b) evidence, oral and affidavit;
(c) testimony taken on commission or before an examiner and put in, or used as, evidence; and
(d) exhibits:
(i) arranged, not in the order in which they have been lettered or numbered as exhibits, but in chronological order according to the dates borne by the documents or, in the case of manifestly or admittedly misdated documents, their known dates;
(ii) if a document is undated it shall be placed in the sequence contended for by the appellant, but the appellant shall inform the respondent of the position, or order, proposed for the document and the respondent may require that a note 'date and order disputed' be inserted at the head of the document;
(iii) if the exhibits include correspondence between, or among, two or more persons which should be read consecutively and not interspersed among other documents, the documents forming the correspondence may be arranged in chronological order and given a position together, at a convenient place in relation to the other exhibits; and
(iv) interrogatories, answers and affidavits of documents shall not be copied, except so far as they were put in evidence;
(e) the reasons for judgment of the primary Judge or court;
(f) a copy of the sealed judgment or order of the primary Judge or court;
(g) the notice of appeal, if any, from that judgment to a court other than the Court;
(h) if the judgment below is that of a court exercising appellate jurisdiction:
(i) the reasons for the judgment below; and
(ii) a copy of the sealed order or judgment of the court below;
(i) the order of the Court granting leave or special leave to appeal, or the certificate of appeal, if applicable;
(j) the notice of appeal to the Court;
(k) any notice of contention;
(l) any application for special leave to cross‑appeal; and
(m) a certificate that the appeal book has been examined and is correct, signed by the solicitors for the parties.
42.13.13 The date and a short description of the nature of each document shall precede it, but formal headings shall not be printed or copied, and jurats, formal identification of exhibits, and the like, shall be omitted.
42.13.14 The appeal book shall be prepared and produced in a manner satisfactory to the Registrar.
42.13.15 Unless a Justice or the Registrar otherwise orders or directs, the appellant shall file 10 copies of the appeal book and deliver 3 copies to each respondent within 21 days after the date on which the index is settled under rule 42.12.
42.13.16 One of the 10 copies of the appeal book referred to in rule 42.13.15 shall be an examined copy with a certificate by the parties, or their solicitors, that it has been examined and is correct.