Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered Regulations“1. (1) Institution of an appeal to the Court from a decision of the Magistrates Court or a magistrate—
(a) shall be by notice of appeal in accordance with Form 72 in the First Schedule; and
(b) shall, as far as possible, be in accordance with the rules of this Division, subject to—
(i) the provisions of the Act under which the appeal is made; and
(ii) any direction given by the Court or a Judge on the application of any party to the appeal.
“(2) A notice of appeal shall be filed—
(a) if the provisions of the Act under which the appeal is instituted do not provide otherwise—within 21 days after the date of the judgment complained of; or
(b) within any further time allowed by the Court or a Judge on application made at any time.
“(3) Subject to subrule (4), a notice of appeal may be amended by filing before the date appointed under paragraph (5) (a)—
(a) a notice adding further evidence for a further ground for the appeal; or
(b) a supplementary notice of appeal.
“(4) In relation to subrule (3), a Judge may give any direction that the Judge thinks fit, on the Judge's motion or on the application of a party.
“(5) At the time of filing the notice of appeal, the appellant shall—
(a) appoint a date with the Registrar to settle the appeal papers; and
(b) record on the notice, and on each copy for service, the date of the appointment.
“(6) The appellant shall serve on each respondent to the appeal—
(a) as soon as practicable after filing—a copy of the notice of appeal and of any supplementary notice of appeal; and
(b) with the notice of appeal, if leave to appeal is required—a copy of the order granting leave to appeal.
“(7) At an appointment to settle appeal papers, the Registrar may—
(a) give the parties such directions as the Registrar thinks appropriate; and
(b) if appropriate—adjourn the appointment.
“(8) The date for the hearing of an appeal may be fixed by the Registrar, on the Registrar's motion or on the request of a party, when the Registrar is satisfied that the appeal is ready for hearing.
“2. (1) The appellant instituting the appeal shall join—
(a) as an appellant—each party to the proceedings appealed from who would be affected by the relief sought, if the party consents to joinder; and
(b) as a respondent—each person who is interested in maintaining the judgment complained of.
“(2) The Court or a Judge may order the addition or removal of any person as an appellant or respondent.
“3. (1) A respondent to an appeal who proposes—
(a) to appeal against a part of the judgment complained of; or
(b) to seek a variation of the judgment;
need not institute a separate appeal if, within 21 days after service on him or her of the notice of appeal, or within any further time allowed by the Court or a Judge, the respondent files a notice of cross-appeal and serves a copy of the notice on the appellant and any other person who would be affected by the relief sought.
“(2) A notice of cross-appeal shall state—
(a) what part of the judgment the respondent cross-appeals against or contends should be varied;
(b) briefly, but specifically, the grounds of the cross-appeal; and
(c) the relief sought in lieu of that part of the judgment, or the variation sought.
“(3) A respondent to an appeal who proposes to contend that some matter of fact or law has been erroneously decided against the respondent in the proceedings appealed from, but does not propose to seek a discharge or variation of a part of the judgment entered, need not file and serve a notice of cross-appeal if, before the date appointed under paragraph 1 (5) (a), the respondent—
(a) gives to the appellant notice of the respondent's contention and of the record of evidence or documents relevant to the contention; and
(b) files a copy of the notice.
“4. (1) An appellant may discontinue an appeal at any time by filing and serving on each other party to the appeal, a notice of discontinuance of the appeal.
“(2) An appellant's appeal is not discontinued by a notice of discontinuance filed and served by another appellant in the appeal.
“(3) A party who files a notice of discontinuance is liable to pay the costs of other parties that are occasioned by the appeal.
“(4) If—
(a) a party whose costs are payable by another party under subrule (3) has the costs taxed by the Registrar; and
(b) the taxed costs remain unpaid at the end of 14 days after service of the certificate of taxation;
the party entitled to the costs may enter judgment for the taxed costs.
“5. The institution of an appeal does not operate as a stay of proceedings unless the Court or a Judge so orders.”.