Federal Court Rules 2011

A party may apply for the Court to receive further evidence on appeal.

The application must be filed at least 20 business days before the hearing of the appeal and be accompanied by an affidavit stating the following:

the facts relating to the grounds of the application;

any evidence necessary to establish the grounds of the application;

the evidence that the applicant wants the Court to receive;

why the evidence was not adduced in the Tribunal.

Any other party to the appeal who wants to adduce evidence on the application must file an affidavit at least 15 business days before the hearing of the appeal.

The Court may receive further evidence on an appeal for the purpose of making findings of fact under subsection 177(1) of the ART Act.