New South Wales Consolidated Regulations

SUPREME COURT RULES 1970 - SECT 51B.13

51B.13 Filing with tribunal below

(1) Where the tribunal below is a court, the plaintiff shall, on the date of instituting the appeal, file a copy of the summons instituting the appeal in the registry or office of that court.

(2) For the purposes of subrule (1), the date of instituting the appeal shall:

(a) if the summons instituting the appeal contains an application for extension of time-the day the application is granted, or

(b) if a summons for leave is deemed by rule 5 (9) to be the summons instituting the appeal-the day when the summons is so deemed.

(3) If compliance with subrule (1) is not in accordance with the practice or organisation of that court, the plaintiff shall lodge a copy of the summons with an officer of that court concerned with its records or process.