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s 33.22

Directions hearing

In force
Chapter 3Original jurisdiction—special classes of proceedings
Part 33Appeals from decisions of bodies other than courts
Division 33.2Administrative Appeals Review

33.22 Directions hearing

A party may apply to the Court for the following directions:

(a)

for determining what documents and matters were before the Tribunal;

(b)

the giving of further evidence, under paragraph 177(3)(b) of the ART Act;

(c)

for the joining or removing of a party to the appeal;

(d)

giving summary judgment;

(e)

making an interlocutory order pending, or after, the determination of an appeal to the Court;

(f)

making an order by consent disposing of an appeal including an order for costs;

(g)

dismissing an appeal for want of prosecution;

(h)

making an order that an appeal to the Court be dismissed for:

(i)

failure to comply with a direction of the Court; or

(ii)

failure of the appellant to attend a hearing relating to the appeal;

(i)

the conduct of the appeal including:

(i)

contents of the appeal book;

(ii)

the use of written submissions;

(iii)

limiting the time for oral argument;

(j)

the conduct of the appeal without an oral hearing subject to the condition that the parties be entitled to present written submissions;

(k)

the staying of a decision of the Tribunal;

(l)

to refer the notice of appeal and any other necessary papers to the Chief Justice for an order on whether the appeal should be heard by a Full Court;

(m)

for the place, time and mode of hearing;

(n)

to determine any other matter for the purpose of preparing the appeal for hearing.

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