Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered Regulations“1. In this Order, unless the contrary intention appears—
(a) the Registrar, or other officer, in charge of the administration of the relevant Tribunal, and includes a Deputy Registrar of the Tribunal and any other officer for the time being performing the duties of the Registrar of the Tribunal or a Deputy Registrar of the Tribunal; or
(b) in relation to an appeal from the Court, or an appeal from a decision of the Registrar of the Court—the Registrar of the Court;
(a) the Supreme Court when constituted by the Master, in relation to an appeal from the Court referred to in rule 2; and
(b) the Registrar of the Supreme Court, in relation to an appeal from the Registrar referred to in rule 2.
“2. (1) This
Order applies to appeals to the Court from the tribunals, bodies or persons
listed in the first column of the following table brought under the respective
corresponding statutory provisions referred to in the second column of the
table:
1 . Administrative Appeals Tribunal | Administrative Appeals
Tribunal Act 1989 |
| 2. Australian Capital Territory Credit Tribunal | Consumer Credit (Administration) Act 1996 |
| 3. Guardianship and Management of Property Tribunal | |
| 4 . Magistrates Court | Consumer Credit (Administration) Act 1996 Magistrates Court Act 1930 Magistrates Court
(Civil Jurisdiction) Act 1982 |
| 5 . Mental Health Tribunal | Mental Health (Treatment and Care) Act 1994 |
| 6. Registrar of the Supreme Court | Criminal Injuries
(Compensation) Act 1983 |
| 7. Small Claims Court |
Small Claims Act 1974 |
| 8. Supreme Court (constituted by the Master) | Supreme Court Act 1933 |
|
9. Tenancy Tribunal | Tenancy Tribunal Act 1994 |
“(2) This Order applies to an appeal subject to the relevant Act, and to any direction of the Court on the application of a party to the appeal.
“3. An appeal may be instituted by filing a notice of appeal in accordance with Form 1 in Schedule 14.
“4. (1) A notice of appeal shall state—
(a) the decision of the Tribunal, the member or members constituting the Tribunal, and the date of the decision;
(b) the order sought; and
(c) briefly, but specifically—the grounds relied on in support of the order sought.
“(2) A notice of appeal from a decision of the Small Claims Court shall include a request for leave to appeal to the Supreme Court.
“(3) A notice of appeal from a decision of the Guardianship and Management of Property Tribunal on a question other than a question of law shall include a request for leave to appeal to the Court.
“(4) A notice of appeal shall be signed by the appellant or the appellant's solicitor.
“(5) The Court may allow a notice of appeal to be amended on such terms and conditions as it thinks fit.
“(6) On the hearing of an appeal, the appellant shall not, without the leave of the Court—
(a) raise any question 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.
“5. (1) 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 shall enter an appearance in the Registry of the Court.
“(2) A respondent to an appeal shall enter an appearance in accordance with Order 13 as if the notice of appeal were an originating application, the appellant were a plaintiff and the respondent were a defendant.
“6. (1) Each person shall be joined as a respondent to an appeal who—
(a) appeared or was granted leave to appear before the Tribunal at the proceeding in which the decision was made; and
(b) would be affected by the order sought by the notice of appeal, or is interested in maintaining the decision.
“(2) If an unincorporated organisation or association appeared or was granted leave to appear before the Tribunal at a proceeding in which a decision was made—
(a) a reference in subrule (1) to a person is to be read as a reference to a person or persons acting on behalf of such an organisation or association; and
(b) paragraph (1) (b) is to be taken to require that the interests of the organisation or association, as ascertained by reference to its objects or purposes, would be affected by the order sought by the notice of appeal or by the maintenance of the decision.
“(3) The Court may order—
(a) the addition of any person as a party to an appeal; or
(b) the removal of any person as a party from the appeal.
“7. A notice of appeal from a Tribunal shall be lodged with the Registry of the Court, subject to rule 8—
(a) within the time provided by the relevant Act;
(b) within such further time as the Court allows in accordance with the relevant Act; or
(c) where no time is provided by the relevant Act—within 21 days after the date of the decision appealed from, or within such further time as the Court allows on application at any time.
“8. (1) Application may be made to the Court for an extension of time within which an appeal may be brought either before or after the expiration of the time referred to in rule 7.
“(2) An application for the extension of time shall be in accordance with Form 2 in the Second Schedule.
“(3) An application for the extension of time shall be accompanied by an affidavit showing—
(a) the nature of the case in summary form;
(b) each question involved; and
(c) the reason why the extension of time should be given.
“9. On filing a notice of appeal, the Registrar shall appoint a date for settling the appeal papers by endorsement.
“10. (1) An appellant shall, within the time specified under subrule (2), serve a copy of the notice of appeal personally on each respondent, and on the Registrar of the Tribunal.
“(2) A copy of a notice of appeal shall be served under subrule (1) within 7 days after the notice is filed, but no later than 5 days before the date endorsed for settling the appeal papers, unless the Court orders otherwise.
“(3) If the Court makes an order under subrule (2), the Registrar shall endorse the notice of appeal with a note of the order made.
“11. (1) No security for the costs of an appeal is required, except where subrule (2) applies.
“(2) In special circumstances, the Court may order that security for the costs of an appeal be given as it thinks fit.
“12. (1) The institution of an appeal does not operate as a stay of the decision appealed from unless the relevant Act or these rules provide otherwise.
“(2) Where the relevant Act provides for an application to the Court for an order staying or otherwise affecting the operation or implementation of a decision appealed from, that application may be made by motion on notice.
“(3) On application by motion on notice by a person affected by a decision of the Magistrates Court or the Master which is appealed from, the Court may make an order staying or otherwise affecting the operation or implementation of the decision.
“(4) In an urgent case, an application for a stay of proceedings may be made ex parte , accompanied by an affidavit setting out the grounds relied on in support of the application.
“13. (1) Not later than 21 days after service of a notice of appeal on the Registrar of the Tribunal, the appellant shall cause to be sent to the Registrar of the Court—
(a) a copy of the decision appealed from;
(b) if the Tribunal has given written reasons for its decision—a copy of the reasons;
(c) any transcript, or notes, of proceedings in the Tribunal; and
(d) a list, certified by the Registrar of the Tribunal, of the documents and any other exhibits that were before the Tribunal.
“(2) After being served with a notice of appeal, the Registrar of a Tribunal shall cause to be sent to the Registrar of the Court all documents and exhibits which were before the Tribunal in connection with the proceedings from which the appeal is brought.
“(3) When the documents and exhibits referred to in subrule (2) have been received by the Registrar of the Court, the Registrar shall send a copy of the list referred to in paragraph (1) (d) to each party to the appeal.
“(4) Where an appeal is brought against a decision of the Administrative Appeals Tribunal, the list referred to in paragraph (1) (d) shall—
(a) specify any documents which were the subject of an order under subsection 34 (2) of the Administrative Appeals Tribunal Act 1989 ;
(b) specify any documents in respect of which a certificate of the Minister is in force under subsection 26 (7) of that Act;
(c) specify any documents in respect of which a certificate of the Minister is in force under subsection 35 (4) of that Act; and
(d) where a document is specified under paragraph
(c)—disclose whether an order was made by the Tribunal under subsection
35 (4) of that Act in respect of the document.
“(5) If the Tribunal has not given written reasons for the decision, the appellant shall, if entitled to do so under the relevant Act—
(a) obtain a statement of written reasons for the decision; and
(b) send a copy of the statement to the Registrar of the Tribunal and to the Registrar of the Court no later than 10 days after receiving it.
“14. (1) An appellant may discontinue the appeal at any time by lodging and serving on each other party to the appeal a notice of discontinuance, subject to subrule (3).
“(2) A notice of discontinuance lodged and served by an appellant under subrule (1) does not affect any other appellant.
“(3) An appeal from a decision of the Magistrates Court shall only be discontinued with leave of the Supreme Court.
“(4) Subject to subrules (2) and (3), if a notice of discontinuance of an appeal is lodged and served under subrule (1), the appeal is to be taken to be abandoned.
“(5) A party lodging a notice of discontinuance is liable to pay the costs of the other parties occasioned by the appeal, unless the Court orders otherwise.
“(6) A party whose costs are payable under subrule (5) may submit a bill of costs to the taxing officer for taxing.
“(7) If the costs payable under subrule (5), as taxed, are not paid within 14 days after service of the certificate of taxation, the party submitting the bill may enter judgment for the taxed costs.
“15. (1) A notice of appeal may be amended without leave by the filing of a supplementary notice before the date appointed by the Registrar of the Court for settling the appeal papers.
“(2) A supplementary notice shall be lodged for filing and served under rules 7 and 10 as if it were a notice of appeal.
“16. (1) This rule applies where a respondent to an appeal 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.
“(2) Where this rule applies, the respondent may institute a cross-appeal by lodging for filing a notice of cross-appeal within 21 days after the service on the respondent of the notice of the appeal.
“(3) The respondent shall serve a copy of a notice of cross-appeal on the appellant and each other party to the appeal.
“(4) A notice of cross-appeal shall state—
(a) what part of the decision is cross-appealed from, or is sought to be varied;
(b) the order sought; and
(c) briefly, but specifically—the grounds relied on in support of the order sought.
“17. (1) This rule applies where a respondent—
(a) desires to contend that a matter of law has been erroneously decided against the respondent in the decision appealed from by the appellant; and
(b) does not desire to seek a discharge or variation of a part of the decision.
“(2) Where this rule applies, the respondent shall give notice to the appellant of the respondent's contention.
“(3) When the appeal papers are settled under rule 18, the appellant shall, at the request of the respondent, include in the appeal papers that part of the record of evidence, and any documents, before the Tribunal which are relevant to the respondent's contention.
“18. (1) On settling the appeal papers, the Court may give such directions about the conduct of the appeal as the Court thinks proper.
“(2) Without limiting the generality of subrule (1), on settling the appeal papers, the Court has the following powers:
(a) to determine what documents and matters were before the Tribunal;
(b) to determine what documents and matters are to be included in the appeal papers, and the order of inclusion;
(c) to settle the index of documents to be included in the appeal papers;
(d) to determine the number of copies of the appeal papers required;
(e) to direct the joinder of parties;
(f) to direct the place, time and mode of hearing.
“(3) The Master or the Registrar may exercise the jurisdiction of the Court for the purposes of this rule.
“19. (1) The appeal papers shall be prepared, to the satisfaction of the Registrar, as follows:
(a) the title page shall state the title of the appeal, the name or names of the person or persons constituting the Tribunal, and the names and addresses for service of the parties and their solicitors (if any);
(b) the index settled under paragraph 18 (2) (c) shall appear after the title page, and shall show the date and page number of each document;
(c) the appeal papers shall include each document necessary to enable the questions raised by the appeal to be determined by the Court;
(d) the appeal papers shall be paginated;
(e) the appeal papers shall be clear, legible and securely fastened, but need not be bound or printed.
“(2) The appellant shall lodge for filing a copy of the appeal papers together with a certificate by the parties (or their solicitors) stating that the copy has been examined, and is correct.
“(3) The appellant shall lodge for filing as many additional copies of the appeal papers as the Registrar directs.
“(4) This rule is subject to any direction of the Court or the Registrar.
“20. When the Registrar is satisfied that an appeal is ready for hearing, the date for hearing the appeal may be fixed by the Registrar—
(a) on the motion of the Registrar; or
(b) on application by any party.
“1. In this Order—
“2. An application for an order nisi shall be—
(a) made orally to the Supreme Court, within 21 days after the decision is made;
(b) made ex parte ; and
(c) supported by an affidavit under rule 3.
“3. The affidavit accompanying an application shall—
(a) set out the material circumstances, each statutory ground relied on and a concise statement of the matter relied on under each ground; and
(b) be entitled “In the Supreme Court of the Australian Capital Territory, in the matter of an order nisi to review a decision of the Magistrates Court Act 1930 ”, or to similar effect.
“4. The Court may direct that notice of an application be given to a person interested in maintaining the relevant decision of the Magistrates Court.
“5. A party served with an application is entitled to be heard on the application.
“6. An order nisi shall be in accordance with Form 3 in the Second Schedule.
“7. Within 7 days after an order nisi is made, the order nisi and each supporting affidavit shall be—
(a) served on each person called upon by the order to show cause, or the solicitor accepting service on the person's behalf;
(b) if the Court directs—served on any other person as directed; and
(c) left with the Registrar of the Magistrates Court.
“8. A person served with an order nisi shall enter an appearance to oppose the making absolute of the order, or to be heard in that matter, in accordance with Order 13 as if the order were an originating application, the applicant for the order were a plaintiff and the person served with the order were a defendant.
“9. (1) An application to revoke an order nisi shall be made by motion on notice, supported by affidavit.
“(2) An application to revoke an order nisi , together with any affidavit referred to in subrule (1), shall be served on—
(a) the applicant for the order; and
(b) any person on whom the application for the order was directed to be served under rule 4.”.