Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered RegulationsSchedule 1 Court of Appeal forms
(see r 3)
[1.1] Schedule 1, new forms 6.4 to 6.14
insert
Form 6.4 Notice of motion for leave to appeal from interlocutory judgment of court
(see o 86 r 4)
In the Supreme Court of the Australian Capital Territory
Court of Appeal
ACTCA No of [ year ]
Interlocutory judgment of [ judge ] (SC No of [ year ])
Between:
AB Applicant
and
CD Respondent
Notice of motion for leave to appeal from interlocutory judgment
Take notice that the Court of Appeal will be moved on [ date ] at [ time ] (or as soon after that as this motion can be heard) for the following orders:
1 That the applicant have leave to appeal from the interlocutory judgment of [ judge ] given on [ date ].
2 [ if necessary ] That the applicant have leave to make this application even though this notice was filed more than 7 days after the day the judgment was given.
3 Any other orders that the court considers appropriate.
The grounds of the application
are set out in the affidavit of [ name ] [*sworn/affirmed] on [ date ] and
filed with this notice.
[ if o 86 r 4 (2) applies ] The applicant wants to
present the applicant's case in writing.
Date:
Signature of
*applicant/*applicant's solicitor:
Address for
service:
To: the
Registrar
And to: the
respondent
[ respondent's name and address ]
Notice to respondent—entry
of appearance
Before taking any further step in this proceeding, you must
enter an appearance in the registry.
*Strike out if inapplicable
Form 6.5 Notice of motion for leave to appeal out of time from final judgment of court
(see o 86 r 12)
In the Supreme Court of the Australian Capital Territory
Court of Appeal
ACTCA No of [ year ]
Judgment of [ judge/master ] (SC No of [ year ])
Between:
AB
Applicant
and
CD Respondent
Notice of motion for leave to appeal out of time from final judgment
Take notice that the Court of Appeal will be moved on [ date ] at [ time ] (or as soon after that as this motion can be heard) for the following orders:
1 That the applicant have leave to appeal out of time from the judgment of [ judge/master ] given on [ date ].
2 Any other orders that the court considers appropriate.
A
notice of appeal [*will not be/*has not been] filed in the Court of Appeal
within 21 days after the day the judgment was given.
The grounds of the
application are set out in the affidavit of [ name ] [*sworn/affirmed] on [
date ] and filed with this notice.
[ if o 86 r 12 (2) applies ] The applicant
wants to present the applicant's case in writing.
Date:
Signature of
*applicant/*applicant's solicitor:
Address for service:
To:
the registrar
And to: the
respondent
[ respondent's name and address ]
Notice to respondent—entry
of appearance
Before taking any further step in this proceeding, you must
enter an appearance in the registry.
*Strike out if inapplicable
Form 6.6 Notice of appeal
(see o 86 r 19)
In the Supreme Court of the Australian Capital Territory
Court of Appeal
ACTCA No of [ year ]
[*Appeal from [ judge/master ] / Appeal against [*conviction recorded/sentence imposed by [ judge ] ](SC No of [ year ])
Between
AB Appellant
and
CD Respondent
Notice of appeal
1 The appellant appeals from all [ or, if from a part, state part ]
of the judgment of [ judge/master ] given on [ date ].
2 [ if leave to appeal
has been given ] The appeal is brought by leave of the Court of Appeal given
on [ date ]. [ Attach a copy of judgment giving leave to appeal ]
3 The grounds of the appeal are—[ set out briefly the grounds of the appeal with all necessary or appropriate particulars ].
4 The judgment sought is—
5 [ if o 86 r 19 (4) or r 61 (2) applies ] The appellant wants to present the appellant's case in writing.
[ or ]
5 [ if the appellant is in
custody and does not present the appellant's case in writing, the appellant is
entitled to be present at the hearing in the way that the Court of Appeal
orders ]. The appellant [*wants/does not want] to be present at the hearing.
Date:
Signature of *appellant/*appellant's solicitor:
Address for service:
Notice to respondent
[ respondent's name and address ]
1 Entry
of appearance
Before taking any further step in this appeal, you must enter an
appearance in the registry if you have not entered an appearance under order
86 rule 7 (Appearance to notice of motion for leave to
appeal—interlocutory judgment) or rule 14 (Appearance to notice of
motion for leave to appeal out of time—final judgment).
2 Settling
appeal papers
1 The appeal papers will be settled on [ date ] at [ time ] at [ place ]. [ registrar to insert date, time and place ]
2 If you do not
attend to settle the appeal papers, either in person or by your lawyer,
directions may be given, and orders made, in your absence.
Date:
Registrar
*Strike out if inapplicable
Form 6.7 Notice of motion for striking out appeal
(see o 86 r 25/r 31)
In the Supreme Court of the Australian Capital Territory
Court of Appeal
ACTCA No of [ year ]
[*Appeal from [ judge/master ] / Appeal against [*conviction recorded/sentence imposed by [ judge ] ](SC No of [ year ])
Between:
AB Appellant
and
CD Respondent
Notice of motion for striking out appeal
Take notice that the Court of Appeal will be moved on [ date ] at [ time ] (or as soon after that as this motion can be heard) for the following orders:
1 That the notice of appeal be struck out as incompetent.
2 That the appellant pay the respondent's costs.
3 Any other
orders that the court considers appropriate.
Date:
Signature of
*respondent/*respondent's solicitor:
Address for service:
To:
the registrar
And to: the
appellant
[ appellant's name and address ]
*Strike out if inapplicable
Form 6.8 Notice of discontinuance
(see o 86 r 27/r 31/r 76)
In the Supreme Court of the Australian Capital Territory
Court of Appeal
ACTCA No of [ year ]
[*Appeal from [ judge/master ] / Appeal against [*conviction recorded/sentence imposed by [ judge ] ](SC No of [ year ])
Between:
AB Appellant
and
CD Respondent
Notice of discontinuance
The appellant discontinues the appeal [ or part of
the appeal : state part ].
Date:
Signature of
*appellant/*appellant's solicitor:
*Strike out if inapplicable
Form 6.9 Certificate about appeal papers
(see o 86 r 39/r 76)
In the Supreme Court of the Australian Capital Territory
Court of Appeal
ACTCA No of [ year ]
[*Appeal from [ judge/master ] / Appeal against [*conviction recorded/sentence imposed by [ judge ] ](SC No of [ year ])
Between
AB Appellant
and
CD Respondent
Certificate about appeal papers
I have examined the appeal papers and certify
that they are correct.
Signature(s) of
Signature(s) of
*appellant(s)/*solicitor(s)
*respondent(s)/*solicitor(s) for the
appellant(s) for the
respondent(s)
name:
name:
date:
date:
*Strike out if
inapplicable
Form 6.10 Application to registrar for leave to appeal out of time against conviction or sentence
(see o 86 r 51)
In the Supreme Court of the Australian Capital Territory
Court of Appeal (jurisdiction exercised by the registrar)
ACTCA No of [ year ]
Appeal against [*conviction recorded/sentence imposed by [ judge ] ]
(SC No of [ year ]).
Between:
AB
Applicant
and
CD Respondent
Application for leave to appeal out of time against conviction or sentence
1 The applicant applies for leave
to appeal out of time from the [*conviction recorded on [ date ] [* or/and ]
sentence imposed by [ judge ] on [ date ]].
2 A notice of appeal [*will not
be/*has not been] filed in the Court of Appeal within 21 days after the day
the [*conviction was entered [ or ] sentence handed down].
3 The grounds of
the application are set out in the affidavit of [ deponent ] [*sworn/affirmed]
on [ date ] and filed with this application.
4 [ if o 86 r 51 (2)) applies ]
The applicant wants to present the applicant's case in writing.
[ or ]
4 [ if
the applicant is in custody and does not present the applicant's case in
writing, the applicant is entitled to be present at the hearing in the way
that the Court of Appeal orders ]. If the registrar grants leave to appeal out
of time, the applicant [*wants/does not want] to be present at the hearing.
Date:
Signature of
*applicant/*applicant's solicitor:
Address for
service:
To: the
registrar
And to: the director of public
prosecutions
[ address ]
*Strike out if inapplicable
Form 6.11 Notice of motion to have application for extension of time decided by Court of Appeal
(see o 86 r 55)
In the Supreme Court of the Australian Capital Territory
Court of Appeal
ACTCA No of [ year ]
Appeal against [*conviction recorded/sentence imposed by [ judge ] ]
(SC No of [ year ]).
Between:
AB Applicant
and
CD Respondent
Notice of motion to have application for extension of time decided by Court of Appeal
Take notice that the Court of Appeal will be moved on [ date ] at [ time ] (or as soon after that as this motion can be heard) for the following orders:
1 That the applicant, having received the
registrar's notification that the applicant's application for extension of
time within which [*notice of appeal/application for leave to appeal] may be
given has been refused, wants to have the application decided by the Court of
Appeal and be given an extension of time by the Court of Appeal within which
[*notice of appeal/application for leave to appeal] may be given [because ( if
there are reasons additional to those set out in the application to the
registrar, briefly describe the reasons )].
2. Any other orders the court
considers appropriate.
[ if additional material is attached ] The applicant
attaches the following additional material: [ briefly describe the additional
material ].
[ if o 86 r 61(2) applies ] The applicant wants to present the
applicant's case in writing.
[ or ]
[ if the applicant is in custody and does
not present the applicant's case in writing, the applicant is entitled to be
present at the hearing in the way that the Court of Appeal orders ]. The
applicant [*wants/does not want] to be present at the hearing.
Date:
Signature
of
*applicant/*applicant's solicitor:
To:
the registrar
And to: the
respondent
[ respondent's name and address ]
* Strike out if inapplicable
Form 6.12 Order for production of prisoner
(see o 86 r 62)
In the Supreme Court of the Australian Capital Territory
Court of Appeal
ACTCA No of [ year ]
Appeal against [*conviction recorded/sentence imposed by [ judge ] ]
(SC No of [ year ]).
Between
AB Appellant
and
CD Respondent
Order for production of prisoner
The Court of Appeal orders that:
1 The
superintendent ( or as the case may be ) must bring ( name ) (the prisoner )
before the court to be present during the hearing of an [ appeal/application
for leave to appeal ] in relation to the prisoner and then returned to
confinement.
2 The first day the prisoner must be before the court is ( eg 7
September 2002, at 10 am ) at ( address of court ).
Date:
Registrar
*Strike out if inapplicable
Form 6.13 Special case
(see o 86 r 67)
In the Supreme Court of the Australian Capital Territory
Court of Appeal
ACTCA No of [ year ]
Special case from [ judge/master ]
(SC No of [ year ]).
Between:
AB
Appellant
and
CD Respondent [ if any ]
Special case
[ Agreed
] statement of facts
1
2
3
[ etc ]
Question[ s ] to be decided
[ next par no ]
[ etc ]
Written case
[ if o 86 r 67 (3) applies ] The special case is to be
presented in writing.
Date:
Signature of
*appellant/*respondent/*appellant's/*respondent's solicitor:
Address for
service:
*Strike out if inapplicable
Form 6.14 Application for reference appeal
(see o 86 r 72)
In the Supreme Court of the Australian Capital Territory
Court of Appeal
ACTCA No of [ year ]
Appeal from [ judge ]
(SC No of [ year ]).
Between
The
Queen (the appellant)
and
CD [ the respondent ]
Application for reference appeal
Grounds
1
2
3
[ etc ]
Question[ s ] of law to be decided
[ next par no ]
[ etc ]
Written case
[ if o 86 r 72 (2) applies ] The
applicant wants to present the applicant's case in writing.
Date:
Signature of
applicant:
Address for service:
Notice to interested party
[ interested
party's name and address ]
1 Entry of appearance
Before taking any further
step in this application, you must enter an appearance in the registry.
2
Settling appeal papers
1 The appeal papers will be settled on [ date ] at [ time ] at [ place ]. [ Registrar to insert date, time and place ]
2 If you do
not attend to settle the appeal papers, either in person or by your lawyer,
directions may be given, and orders made, in your absence.
Date:
Registrar