DISTRICT COURT RULES 2005 - REG 51
DISTRICT COURT RULES 2005 - REG 51
51 . Appeal, commencement of
(1) To —
(a)
commence an appeal (other than a WCIMA appeal) to the Court against an
appealable decision; or
(b)
apply for an extension of time within which to commence such an appeal,
the appellant must
file these documents —
(c) a
Form 6 (Appeal notice) that sets out the grounds for the appeal in accordance
with subrule (3);
(d) any
document required by subrule (2).
(2) If Form 6 says an
extension of time within which to commence the appeal is needed, the form must
be filed with an affidavit by the applicant or the applicant’s legal
practitioner or both explaining why the appeal was not commenced within time.
(3) The grounds of
appeal in a notice of appeal must not merely allege that an appealable
decision is against the weight of the evidence or that it is wrong in law,
they must specify the particulars relied on to demonstrate that the decision
is against the weight of the evidence and the specific reasons why it is wrong
in law.
(4A) To —
(a)
commence a WCIMA appeal to the Court against an appealable decision; and
(b) make
an application for leave under the Workers’ Compensation and Injury
Management Act 1981 section 247(1),
the appellant must
file a Form 8A (Appeal notice (WCIMA appeal)) that sets out the matters
referred to in subrule (4B).
(4B) In Form 8A
the appellant must state —
(a) the
question of law the subject of the appeal; and
(b) the
error alleged to have been made by the arbitrator; and
(c) the
decision that the appellant claims should be made in relation to that question
of law.
(4) An appeal notice
or an appeal notice (WCIMA appeal) must be served on the respondent either
personally or, if the respondent is in a prison, by sending it to the
superintendent of the prison by ordinary prepaid post.
(5) If an appeal is
made under the Criminal Injuries Compensation Act 2003
Part 7 —
(a) the
notice of appeal, and any other document filed in the appeal must be served
on —
(i)
the Chief Assessor of Criminal Injuries Compensation
appointed under that Act; and
(ii)
the State Solicitor’s Office, on behalf of the
chief executive officer of the department of the Public Service that
principally assists the Minister in the administration of that Act;
and
(b)
service of the documents may be effected by ordinary prepaid post.
(6) When an appeal
notice or an appeal notice (WCIMA appeal) is served on a respondent, it must
have attached to it a Form 8 (Notice of respondent’s intention).
(7) As soon as
practicable after serving the respondent the appellant must file a Form 7
(Service certificate).
[Rule 51 amended: Gazette
10 Dec 2010 p. 6266; 17 Jun 2011
p. 2162‑3; 18 Nov 2011 p. 4812-13; SL 2022/108
r. 6.]