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s 35.12

Form of application

In force
Chapter 4Appellate jurisdiction
Part 35Leave to appeal
Division 35.2Written applications for leave to appeal

35.12 Form of application

(1)

A person who wants to apply for leave to appeal must file an application, in accordance with Form 117.

(2)

The application must be accompanied by the following:

(a)

the judgment or order from which leave to appeal is brought;

(b)

the reasons, if published, for the judgment or order;

(c)

an affidavit stating the facts that support the application;

(d)

a draft notice of appeal that complies with rules 36.01(1) and (2); and

(e)

if the applicant wants to have the application considered without oral argument—a statement to that effect.

Note 1:

A lawyer may file a notice of appeal starting migration litigation only if the notice includes or is accompanied by a certificate under section 486I of the Migration Act 1958, signed by the lawyer.

Note 2:

File is defined in the Dictionary as meaning file and serve.

Note 3:

For migration litigation, lawyer has the meaning given by section 5 of the Migration Act 1958.

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