Legal Practitioner v Council of the Law Society of the ACT

[2016] ACTCA 46

ACT Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Appeals
3. › Strike out of notice of appeal
4. › Whether notice of appeal contains any coherent or arguable ground of appeal
5. › High threshold for summary dismissal by single judge
6. › Court Procedures Rules 2006 (ACT), r 5604(b)
1. Practice and Procedure
2. › Appeals
3. › Security for costs of appeal
4. › Discretionary factors
5. › Means of appellant
6. › Prospects of success
7. › Justice of the case
8. › Whether provision of security would stultify appeal
9. › Court Procedures Rules 2006 (ACT), rr 1900-1902, 5302
1. Practice and Procedure
2. › Appeals
3. › Notice of appeal
4. › Requirements for grounds of appeal
5. › Obligation to state briefly but specifically the grounds relied on
6. › Court Procedures Rules 2006 (ACT), r 5403(1)(f)
1. Practice and Procedure
2. › Compliance with procedural rules
3. › Whether non-compliance with r 1900(2) requiring affidavit support is jurisdictional
4. › Whether deficiency may be cured by further directions
5. › Court Procedures Rules 2006 (ACT), r 1900(2)

Quick Take

Rule 5604(b) of the Court Procedures Rules 2006 (ACT) imposes a high threshold for summary dismissal of an appeal by a single judge, and on an application under that rule the court should take a beneficial reading of the grounds of appeal as to their substance rather than their form. On security for costs, the combination of weak prospects of success, inability to meet a costs order, and the justice of the case (including prior unsuccessful hearings) will ordinarily warrant an order for security.