Barrister AI
All legislation
COMMONWEALTHRule
In force
This is the latest official compilation.Check the official source →
s 36.41

Certain applications may be dealt with without an oral hearing

In force
Chapter 4Appellate jurisdiction
Part 36Appeals
Division 36.4Dealing with certain applications on the papers

36.41 Certain applications may be dealt with without an oral hearing

(1)

A party may apply to the Court for an order that the following applications be dealt with without an oral hearing:

(a)

an application for an extension of time within which to institute an appeal;

(b)

an application to join or remove a party to an appeal;

(c)

an application for leave to amend the grounds of an appeal;

(d)

an application to give summary judgment;

(e)

an application to dismiss an appeal for:

(i)

a failure to comply with a direction of the Court; or

(ii)

a failure to attend a hearing related to the appeal; or

(iii)

want of prosecution;

(ea)

an application to make or vary an order for costs;

(f)

an application for directions;

(g)

with the consent of the parties—an application to dispose of an appeal to the Court.

(2)

If the Court makes an order under paragraphs (1)(a) to (ea), each party must file the party’s submissions in accordance with rule 36.42.

Note:

An application under subrule (1) may be heard and determined by a single Judge—see sections 25(2) and (2B) of the Act.

Research tools for this sectionPro

The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.