Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered Regulationssubstitute
Part 5.2 Appeals from registrar
Note Appeals to the Court of Appeal are dealt with in pt 5.4.
5010 Definitions—pt 5.2
In this part:
"appeal" means an appeal to the court from a decision of—
(a) for the Supreme Court—the registrar of the Supreme Court; and
(b) for the Magistrates Court—the registrar of the Magistrates Court.
"decision" means an order to which rule 6256 (Appeals from registrar's orders etc) applies.
Note Order —see the dictionary (see also def made ).
5011 Application—pt 5.2
This part applies to an appeal to the court subject to any territory law applying to the appeal.
Note A territory law includes these rules (see Legislation Act
, s 98).
5012 Appeals from registrar—starting appeal
An appeal may be started in the court by filing a notice of appeal in the court.
Note See approved form 5.1 (Appeal from Registrar—notice of appeal).
5013 Appeals from registrar—requirements for notice of appeal
(1) A notice of appeal to the court must state—
(a) who made the decision appealed from; and
(b) the decision and the date of the decision; and
(c) whether the appeal is from all or part of the decision; and
(d) if the appeal is from part of the decision—the part appealed from; and
(e) whether the appellant will seek to put further evidence before the court; and
(f) the order sought.
(2) The notice of appeal need not set out grounds of appeal.
5014 Appeals from registrar—time for filing notice of appeal
(1) A notice of appeal to the court from a decision of the registrar must be filed in the court—
(a) for an appeal from a decision of the registrar of the Supreme Court, other than a decision mentioned in paragraph (c)—not later than 5 days after the day the decision is made, or any further time the Supreme Court allows; or
(b) for an appeal from a decision of the registrar of the Magistrates Court—not later than 5 days after the day the decision is made, or any further time the Magistrates Court allows; or
(c) for an appeal from a decision of the registrar of the Supreme Court made under schedule 6—not later than 28 days after the day the decision is made, direction given or act done, or any further time the Supreme Court allows.
Note 1 Pt 6.2 (Applications in proceedings) applies to an application for further time.
Note 2 An application for further time may be made before or after the time mentioned in r (1) (see Legislation Act
, s 151C).
(2) An application for further time must be accompanied by an affidavit showing—
(a) the nature of the case in summary form; and
(b) each question involved; and
(c) the reasons why the extension of time should be given.
5015 Appeals from registrar—notice of appeal to be sealed
The registrar of the court in which an appeal is brought must seal the original and filed copies of a notice of appeal.
Note The registrar may reject a notice of appeal that is filed (see r 6140 (Rejecting documents—noncompliance with rules etc) and r 6142 (Rejecting documents—abuse of process etc)).
5016 Appeals from registrar—serving notice of appeal
(1) The appellant must serve a sealed copy of a notice of appeal on each respondent (if any) to the appeal not later than 3 days after the day the notice is filed.
(2) However, a notice of appeal from a decision refusing an application made without notice need not be served unless the court otherwise orders on its own initiative.
(3) The court may order that the notice of appeal be served on anyone else on application by a party to the appeal or on its own initiative.
Note Pt 6.2 (Applications in proceedings) applies to an application for an order under this rule.
5017 Appeals from registrar—stay and reinstatement
(1) An appeal to the court from a decision of the registrar in a civil proceeding does not operate as a stay of the decision appealed from unless a stay of the decision is ordered by the registrar or the court.
Note Pt 6.2 (Applications in proceedings) applies to an application for a stay or for an order under this rule.
(2) An application for a stay of the decision may be made by a party to the appeal.
(3) In an urgent case, the application may be made without serving it on anyone.
(4) If the application is made without serving it on anyone, the application must be accompanied by an affidavit setting out the grounds relied on in support of the claim of urgency.
(5) If the decision appealed from is stayed by the registrar or the court, the registrar or the court may make any order that the registrar or the court considers necessary or desirable to give effect to the stay.
(6) The court may, by order, amend or set aside an order for a stay (including an order made by the registrar).
(7) An application for an order of the court under subrule (1) may be made whether or not a similar application has been made to the registrar.
(8) If any step has been taken for the enforcement of a decision and the court amends or sets aside the decision on appeal under this part, the court may make the orders for reinstatement it considers appropriate.