A staged or incremental appeal is highly unusual and requires court approval; such a procedure is ordinarily confined to first instance hearings. A respondent's refusal to agree to a staged appeal is not unreasonable where litigation has been protracted and the respondent seeks finality. An application under r 1753 of the Court Procedures Rules 2006 (ACT) for costs against lawyers must be made in accordance with the requirements for applications in proceedings, not merely in written submissions. No inference that an appeal is reasonably arguable can be drawn from the fact that lawyers were willing to act at first instance.
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