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s 36.11

Directions

In force
Chapter 4Appellate jurisdiction
Part 36Appeals
Division 36.1Institution of appeals

36.11 Directions

(1)

A party may apply to the Court, constituted by a single Judge, for directions in relation to the management, conduct and hearing of an appeal.

(2)

Without limiting subrule (1), a party may apply to the Court for an order for the following:

(a)

an extension of the time within which to appeal;

(b)

giving leave to amend the grounds of appeal;

(c)

joining or removing of a party to the appeal;

(d)

security for costs;

(e)

giving summary judgment;

(f)

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

(g)

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

(h)

dismissing an appeal for want of prosecution;

(i)

vacating a hearing date;

(j)

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;

(k)

the conduct of the appeal including:

(i)

contents of the appeal book; and

(ii)

the use of written submissions; and

(iii)

limiting the time for oral argument;

(l)

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

(m)

the staying of an order of the Full Court.

Note:

This subrule sets out the powers mentioned in section 25 of the Act.

Rules 36.12 – 36.20 left blank

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