SUPREME COURT (COURT OF APPEAL) RULES 2005
SUPREME COURT (COURT OF APPEAL) RULES 2005
TABLE OF PROVISIONS PART 1 -- Preliminary 1. Citation 2. Commencement 3. Interpretation 4. Application of these rules 5. Application of the Rules of the Supreme Court 1971 PART 2 -- Delegated jurisdiction Division 1 -- General 5A. Delegated jurisdiction may be exercised by Court of Appeal Division 2 -- Single judge’s jurisdiction 7. General jurisdiction Division 3 -- Reviewing decisions by a single judge 8. Application for review by Court of Appeal 9. Dealing with the application Division 4 -- Registrar’s jurisdiction 10. General jurisdiction 11. Registrar may refer questions to single judge or Court of Appeal 12. Hearing before single judge or registrar, parties to be notified 13. Written order by registrar, issue and service of Division 5 -- Reviewing decisions by a registrar 15. Application for review by single judge 16. Dealing with the application Division 6 -- Miscellaneous 17. Consequences of non‑attendance by party 18. Decisions made in absence of party 19. Decisions made on the papers PART 3 -- Administrative matters 20. Completion of forms 21. Filed documents, technical requirements 22. Filed documents to be served 22A. Service of documents PART 4 -- Duties of legal practitioners who act for parties 23. Duty to notify when acting for a party 24. Presumptions as to who is acting for a party PART 5 -- Procedure for appeals Division 1 -- General 25. Nature of appeals 26. Time for appealing 26A. Parties to appeals Division 2 -- Commencing an appeal 26B. Term used: alleged evidence 27. When appeal is commenced 28. Commencing appeal under Criminal Appeals Act 2004 Part 2 Division 3 or PART 3 28A. Commencing appeal under Criminal Appeals Act 2004 Part 3A 29. Commencing civil appeal 29A. Service of appeal documents 30. Primary court to be notified and to supply records 31. Respondent’s options 31A. Cross appeals 31B. Time within which to file “Appellant’s case” 32. “Appellant’s case” to be filed 33. “Respondent’s answer” to be filed 34. When “Appellant’s reply to respondent’s notice of contention” is required Division 3 -- Appeal books 35. Appeal book, when required 36. Settling of indexes 37. Appeal book, general provisions 38. Contents of appeal book 39. Technical requirements for appeal books 40. Sentence appeal, appeal book for 41. Appeal book to be prepared by appellant Division 4 -- Matters prior to the hearing of any appeal 42. Application of Division 42A. Matters requiring leave 43. Single judge’s jurisdiction 44. Applying for interim order 45. Consenting to orders 46. Urgent appeal order, nature of 47. Case management 48. Applications for adjournments to be made promptly 49. Offers of compromise 50. Court to be advised immediately of settlement etc. Division 5 -- Matters prior to the hearing of a criminal appeal 51. Application of Division 52. Applications for certain orders under CAA s. 40(1) 53. Single judge’s jurisdiction 54. Orders made under Criminal Appeals Act 2004 55. Proceedings before an examiner 56. Special commissioners and assessors (CAA s. 40(1)) Division 6 -- Hearing an appeal 57. Hearing date to be set 58. Hearings by audio link or video link Division 7 -- Concluding an appeal 59. Discontinuing an appeal 60. Settling an appeal 61. Guideline judgments 62. Criminal appeals, certificate of conclusion of 63. Other appeals, final orders on 64. Return of records and things 65. Enforcing judgments and orders 66. Costs PART 6 -- Referred and other CA matters 67. Referring a legal issue to the Court of Appeal 68. Dealing with referred and other CA matters PART 7 -- Miscellaneous 69. Removal of District Court appeal into Court of Appeal SCHEDULE