Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered Regulationsinsert
22 Written summary and list for appeal hearing
(1) A party to an appeal that has been set down for hearing must prepare a written summary of arguments in accordance with rule 23 and a list of authorities, legislation and texts in accordance with rule 24, unless the court otherwise orders.
(2) At least 5 days before the day set down for the hearing of the appeal, the appellant must lodge for filing 2 copies of the appellant's summary and list, and serve a copy of each on each other party to the appeal.
(3) At least 2 days before the day set down for the hearing of the appeal, the respondent must lodge for filing 2 copies of the respondent's summary and list, and serve a copy of each on each other party to the appeal.
(4) At least 1 day before the day set down for the hearing of the appeal, the appellant may lodge for filing 2 copies of a written summary of arguments in reply, and serve a copy on each other party to the appeal.
(5) This rule does not apply to appeals from interlocutory judgments of the master.
23 Summaries of arguments
(1) A party's summary of arguments must state as briefly as possible—
(a) the issues in the appeal; and
(b) an outline of the argument expected to be made on each issue, mentioning the steps in the argument and any legislation, authority or finding of fact to be relied on for each step; and
(c) if there is to be a challenge to any of the tribunal's findings of fact—
(i) the claimed error (including any failure to make a finding of fact); and
(ii) the reasons why the party considers the finding was an error; and
(iii) the finding that the party considers should have been made; and
(d) for an appellant—a chronology of the facts; and
(e) if a respondent disagrees with an appellant's chronology of facts—the respondent's chronology of facts that highlights where the respondent's chronology differs from the appellant's chronology.
(2) If the summary relies on a matter in another document, the summary must—
(a) for a document mentioned in rule 24 (3) (a) to (c)—identify the document as mentioned in the rule; and
(b) for other documents—if relevant, identify the page of the document relied on.
24 List of authorities, legislation and texts
(1) A party's list of authorities, legislation and texts must list any authority, legislation or text that the party expects will be quoted from, or that may be referred to, by the party.
(2) A party's list of authorities, legislation and texts may be divided into 2 parts (parts A and B) and list any authority, legislation or text—
(a) in part A—that the party expects will be quoted from by the party; and
(b) in part B—that may be referred to by the party.
(3) An authority, legislation or text must be identified as follows:
(a) for an authority—by case, citation and relevant part;
(b) for legislation—by provision;
(c) for a text—by edition and page number.
25 Abandonment of ground of appeal
(1) This rule applies if an appellant wants to abandon a ground of appeal.
(2) The appellant must give notice to each other party that the ground of appeal will not be relied on.
(3) The notice must be given—
(a) as soon as possible; but
(b) within a reasonable time before the day set down for the hearing.
(4) The court may make any order the court considers just in relation to costs incurred because of a failure by the appellant to comply with this rule.