Court Procedures Rules 2006

A person must be included as a respondent to the appeal if the person—

appeared or was given leave to appear before the court or tribunal in the proceeding in which the order appealed from was made (the original proceeding); and

would be directly affected by the order sought by the notice of appeal, or is interested in maintaining the order appealed from.

If the order appealed from is an order of a tribunal other than the ACAT, the tribunal must be included as a respondent to the appeal.

If an unincorporated organisation or association appeared or was given leave to appear before the court or tribunal in the original proceeding—

a reference in subrule (1) to a person is a reference to someone acting (other than as a legal practitioner) for the organisation or association; and

subrule (1) (b) is taken to require that the interests of the organisation or association, found out from its objects or purposes, would be directly affected by the order sought by the notice of appeal or by the maintenance of the order appealed from.

The Supreme Court may order that—

a person (whether or not a party to the original proceeding) be included or removed as a party to the appeal; or

a person directly affected by the appeal be included or substituted as a party.

Pt 6.2 (Applications in proceedings) applies to an application for an order under this rule.

However, a person may be made an appellant only with the person’s consent.

If the Supreme Court orders the inclusion or substitution of someone as a party to the appeal, it may adjourn the hearing of the appeal and make any order it considers appropriate about the conduct of the appeal.