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s 36.54

Content of appeal books

In force
Chapter 4Appellate jurisdiction
Part 36Appeals
Division 36.5Preparation of appeals

36.54 Content of appeal books

The appeal book must comprise:

(a)

Part 1 (the Core Set of Standard Items), arranged in the following order:

(i)

a title page;

(ii)

an index to Part 1;

(iii)

the originating application and pleadings (including any interlocutory application and any notices of motion);

(iv)

if the court appealed from was hearing an appeal from a tribunal or board:

(A)

the reasons for decisions of the tribunal or board; and

(B)

the formal decision of the tribunal or board; and

(C)

any notice of appeal to the court appealed from;

(v)

the reasons for judgment;

(vi)

the sealed orders of the court appealed from;

(vii)

the notice of appeal;

(viii)

any notice of cross‑appeal or notice of contention;

(ix)

any submitting notice;

(x)

any order giving leave to appeal or an extension of time within which to appeal; and

(b)

Part 2, arranged in the following order:

(i)

a title page;

(ii)

an index to Part 2;

(iii)

the parties’ submissions;

(iv)

each party’s chronology;

(v)

the exhibits and evidence to which the parties refer in their submissions;

(vi)

any other documents before the court appealed from (including, written submissions) that are necessary for the Court to resolve the issues raised in the appeal and any cross‑appeal or notice of contention;

(vii)

if ordered by the Court, a comprehensive reference index of the evidence in the court appealed from, comprising, in the following order:

(A)

a chronological list of all documents received in evidence, whether as exhibits or as annexures to affidavits, showing the date and page number of each document;

(B)

a list of the affidavit evidence;

(C)

a list of exhibits;

(D)

an index of the transcript of the evidence in the court appealed from;

(E)

an index of any other relevant transcript.

Note:

The Court has issued a Practice Note for the assistance of parties to an appeal under this Division and their lawyers. The Court expects the parties and their lawyers to comply with the Practice Note.

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