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FEDERAL COURT RULES 2011 (SLI NO 134 OF 2011) - RULE 35.12 Form of application

FEDERAL COURT RULES 2011 (SLI NO 134 OF 2011) - RULE 35.12

Form of application

         (1)   A person who wants to apply for leave to appeal must file an application, in accordance with Form 117.

         (2)   The application must be accompanied by the following:

                (a)    the judgment or order from which leave to appeal is brought;

               (b)    the reasons, if published, for the judgment or order;

                (c)    an affidavit stating the facts that support the application;

               (d)    a draft notice of appeal that complies with rules 36.01  (1) and (2); and

                (e)    if the applicant wants to have the application considered without oral argument -- a statement to that effect.

Note 1    A lawyer may file a notice of appeal starting migration litigation only if the notice includes or is accompanied by a certificate under section 486I of the Migration Act 1958 , signed by the lawyer.

Note 2    File is defined in the Dictionary as meaning file and serve.

Note 3    For migration litigation, lawyer has the meaning given by section 5 of the Migration Act 1958 .