Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered Regulations“1. In this Order, unless the contrary intention appears—
“2. An appeal to the Court under section 56 of the Guardianship Act may be instituted by filing a notice of appeal in accordance with Form 1 in Schedule 14.
“3. (1) A notice of appeal shall be signed by the appellant or the appellant's solicitor and, if the appeal is brought in respect of a question other than a question of law, shall include a request for leave to bring the appeal.
“(2) A notice of appeal shall state—
(a) the decision appealed from, the names of the members constituting the Tribunal and the date when the decision was made;
(b) the questions in respect of which the appeal is brought;
(c) the order sought; and
(d) briefly, but specifically, the grounds relied on in support of the order sought.
“(3) The Court may, on such terms and conditions as the Court thinks fit, allow a notice of appeal to be amended.
“(4) On the hearing of an appeal, the appellant shall not, without the leave of the Court—
(a) raise any question of law or fact that is not stated in the notice of appeal; or
(b) rely on any ground in support of the order sought that is not set out in the notice of appeal.
“4. If there is a respondent to an appeal, the notice of appeal shall include an instruction that, before taking any other step in the proceeding, the respondent is required to enter an appearance in the Registry.
“5. (1) Each person who—
(a) appeared or was entitled to appear before a Tribunal inquiry that is the subject of an appeal; and
(b) would be affected by the order sought by the notice of appeal or is interested in maintaining the decision under appeal shall be joined as a respondent to the appeal.
“(2) The Court may order—
(a) the addition of any person to an appeal—
(i) as a respondent; or
(ii) with the consent of the person—as an appellant; or
(b) the removal of any person from an appeal.
“6. (1) A notice of appeal shall be filed in the Registry within the time specified in paragraph 56 (3) (a) or (b) of the Guardianship Act.
“(2) An appellant shall, within 7 days after filing a notice of appeal, serve a copy of the notice personally on each other person who appeared or was entitled to appear before the Tribunal inquiry and on the Registrar of the Tribunal.
“7. (1) Application may be made to the Court or a Judge for an extension of the time specified in paragraph 56 (3) (a) or (b) of the Guardianship Act either before or after the expiration of the specified time.
“(2) An application for an extension of time shall be in accordance with Form 2 in Schedule 14.
“(3) An application for an extension of time shall be accompanied by an affidavit showing—
(a) the nature of the case;
(b) the questions involved; and
(c) the reasons why an extension of time should be given.
“8. (1) Within 21 days after service of a notice of appeal on the Registrar of the Tribunal, the appellant shall send, or cause to be sent, to the Registry—
(a) a copy of the decision appealed from;
(b) if the Tribunal has given reasons in writing for its decision, a copy of the reasons;
(c) the transcript, or notes, of proceedings in the Tribunal (if any); and
(d) a list of all documents sent to the Registry in relation to the appeal specifying the documents that were before the Tribunal.
“(2) If the Tribunal has not given reasons in writing for its decision, the appellant shall—
(a) obtain from the Tribunal under section 45 of the Guardianship Act a statement in writing of the reasons; and
(b) send a copy of the statement to the Registrar of the Tribunal and to the Registry within 10 days after receiving it.
“(3) When the documents referred to in subrules (1) and (2) have been received in the Registry, the Registrar shall send a copy of the list of documents to each party to the appeal.
“9. (1) An appellant may file and serve a notice of discontinuance of the appeal at any time.
“(2) Subject to subrule (3), if an appellant files and serves a notice of discontinuance under subrule (1), the appeal is taken to be abandoned.
“(3) A notice of discontinuance filed by an appellant under subrule (1) does not affect any other appellant in the appeal.
“(4) A party filing a notice of discontinuance is liable to pay the costs of the other parties occasioned by the appeal.
“(5) A party whose costs are payable under subrule (4) may submit a bill of costs to the taxing officer and, if the taxed costs are not paid within 14 days after service of the certificate of taxation, may enter judgment for the taxed costs.
“10. (1) A notice of appeal may be amended without leave, before the date of the directions hearing, by filing a supplementary notice.
“(2) A party who files a supplementary notice shall file and serve it in accordance with rule 6 as if it were a notice of appeal.
“11. (1) A respondent who desires—
(a) to appeal from a part of the decision from which the appellant has appealed; or
(b) to seek a variation of a part of that decision;
need not institute a substantive appeal, but shall, within 21 days after the service on that respondent of the notice of appeal, or within such further time as the Court or a Judge may allow—
(c) file in the Registry a notice of cross-appeal; and
(d) serve a copy of the notice on the appellant and every other party to the proceeding.
“(2) A notice of cross-appeal shall state—
(a) what part of the decision the respondent cross-appeals from or contends should be varied;
(b) the questions of law to be raised in the cross-appeal;
(c) the relief sought in place of the decision appealed from or the variation of that decision that is sought; and
(d) briefly, but specifically, the grounds relied on in support of the relief or variation sought.
“(3) It is not necessary to give a notice of cross-appeal in accordance with subrule (1) if the respondent—
(a) proposes to contend that a matter of law has been erroneously decided against that respondent, but does not seek a discharge or variation of a part of the decision actually pronounced or made;
(b) gives notice to the appellant of—
(i) the respondent's contention; and
(ii) the record of evidence or documents before the Tribunal relevant to the respondent's contention; and
(c) at the time when the appeal papers are settled under rule 13, requests that those records of evidence or documents be included in the appeal papers.
“12. (1) A notice of appeal shall state the date appointed by the Registrar for a directions hearing.
“(2) A notice of appeal shall, unless the Court or a Judge otherwise orders, be served on the respondent within 5 days before the date appointed for the directions hearing.
“(3) If the Court or a Judge has made an order under subrule (2), the notice of appeal shall bear a note of the order made.
“13. (1) At a directions hearing under this Order, the Court or a Judge may give such directions in relation to the conduct of the proceeding as the Court or Judge thinks proper.
“(2) Without prejudice to the generality of subrule (1), the Court or a Judge may—
(a) determine what documents and matters are to be included in the appeal papers and the order of inclusion;
(b) determine what documents and matters were before the Tribunal;
(c) settle the index of documents comprising the appeal papers;
(d) determine the number of copies of the appeal papers required;
(e) direct the joinder of parties; and
(f) direct the place, time and mode of hearing.
“(3) The jurisdiction exercisable by the Court under this rule is exercisable by the Master or the Registrar.
“14. (1) The preparation of appeal papers shall comply with the following requirements to the satisfaction of the Registrar:
(a) the title page of the appeal papers shall state the title of the proceeding, the names of the members constituting the Tribunal, and the names, and addresses for service, of the solicitors for each party;
(b) the settled index referred to in paragraph 13 (2) (c) shall appear after the title page and shall show the date and page number of each document;
(c) the appeal papers shall be paginated and shall include all documents necessary to enable questions of law raised by the appeal to be determined by the Court;
(d) each document shall be headed by its date and a short description of its nature but formal headings shall not to be included and jurats and formal identification of exhibits and the like shall be omitted;
(e) the appeal papers need not be in bound and printed form but shall be clear, legible and securely fastened.
“(2) A copy of the appeal papers in relation to a proceeding shall be filed by the appellant together with a certificate by the parties or their solicitors stating that the copy has been examined and is correct.
“(3) The appellant shall file as many additional copies of the appeal papers as the Registrar directs.
“(4) The requirements of this rule are subject to any direction that may be given by the Court, a Judge or the Registrar.
“15. 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.”.