Australian Capital Territory Numbered Regulations

COURT PROCEDURES AMENDMENT RULES 2009 (NO 3) (NO 56 OF 2009) - REG 26

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Division 5.3.3A     Referral of appeal to Supreme Court by ACAT appeal president—leave

5090     Application—div 5.3.3A

This division applies if the ACAT appeal president requires the Supreme Court's leave to refer to the Supreme Court an appeal that has been made to ACAT.

5091     Referral of appeal—procedure for leave

    (1)     The appeal president must—

        (a)     lodge the following with the Supreme Court:

              (i)     the ACAT order appealed from;

              (ii)     if the ACAT gave reasons for the order—a copy of the reasons;

              (iii)     a copy of the application for appeal;

              (iv)     the appeal president's written reasons why leave should be given; and

        (b)     give a copy of the appeal president's reasons to each party to the appeal.

    (2)     A party to the appeal may file written submissions about the request to refer the appeal to the Supreme Court not later than 14 days after the day the party is given a copy of the appeal president's reasons.

    (3)     Part 6.2 (Applications in proceedings) does not apply to an application under this rule.

    (4)     However, if a party to the appeal wants to be heard—

        (a)     the court must set a date for a hearing; and

        (b)     the registrar must tell the appeal president and each party to the appeal the date set for the hearing.

5092     Referral of appeal—notice of intention to respond to application for leave to appeal

A respondent to the appeal must file in the Supreme Court a notice of intention to respond in accordance with division 2.3.1 (Notice of intention to respond and defence—general) as if—

        (a)     the application for appeal were an originating application; and

        (b)     the respondent were a defendant; and

        (c)     the appellant were a plaintiff; and

        (d)     any other necessary changes were made.

5093     Referral of appeal—leave granted

    (1)     This rule applies if the Supreme Court grants leave to the appeal president to refer the appeal to the Supreme Court.

    (2)     The application for appeal is taken to be a notice of appeal filed in the Supreme Court in accordance with division 5.3.4 (Appeals to Supreme Court—procedure generally).

    (3)     The registrar must—

        (a)     serve on each party to the appeal—

              (i)     a copy of the order granting leave; and

              (ii)     the court's brief reasons for granting the order; and

        (b)     set a date for settlement of the appeal papers; and

        (c)     tell the parties the date set.

5094     Referral of appeal—costs

The costs of a proceeding under this division are costs in the appeal unless the Supreme Court otherwise orders.