Green v Tongs

[2005] ACTCA 21

ACT Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Criminal appeal
3. › Competency of appeal
4. › Notice of appeal
5. › Filing and service within prescribed time
6. › Whether filing alone sufficient to institute competent appeal
7. › Whether service within time also required for competency
8. › Supreme Court Rules 1937 (ACT), O 86 rr 18, 22, 25
1. Appeal
2. › Criminal appeal
3. › Extension of time
4. › Leave to file and serve out of time
5. › Special reasons required
6. › Double jeopardy considerations
7. › Supreme Court Rules 1937 (ACT), O 86 r 22(2)
1. Practice and Procedure
2. › Waiver
3. › Whether filing of Notice of Appearance constitutes waiver of non-compliance with rules of court

Quick Take

Under O 86 r 22 of the Supreme Court Rules 1937 (ACT), both filing and service of a notice of appeal within the 21-day period are required for the appeal to be competent. Filing alone does not establish competency. The filing of a Notice of Appearance by the respondent does not waive the requirement for timely service.

Case Details

Citation[2005] ACTCA 21

CourtACTCA

JurisdictionAustralian Capital Territory

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Relies on1

1982Bishop v The QueenFCA 33

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