Supreme Court Rules 2000

The Full Court may order that a notice of appeal or notice of cross-appeal be served on – a party to the proceeding in which the appeal has been brought; or a person not a party to the proceeding.

If a person is served under subrule (1)(b), the Full Court may give any judgment and make any order that might have been given or made if the person had originally been a party to the proceeding in which the appeal is brought.

A notice of appeal or notice of cross-appeal may be amended at any time as the Full Court thinks fit.

To ascertain the oral evidence or the terms of any ruling or direction or the summing-up or judgment given at the trial, the Full Court may refer to the judge's notes or counsel's notes, or any other materials the Full Court thinks proper, whether in the appeal book or not.

The Full Court may postpone or adjourn the hearing of any appeal to any time and on any terms as it thinks fit.

The Full Court may make any order as to the whole or any part of the costs of an appeal as appears to the Full Court to be just, but, unless some other order is made, the costs of an appeal follow the event.

On or after delivering judgment in an appeal which they have heard, one or more judges of the Full Court, despite the absence of any other judge who also heard that appeal, may determine – an uncontested application for costs in relation to that appeal; and an application for an indemnity certificate under the Appeal Costs Fund Act 1968 in relation to that appeal.

In relation to an appeal, a judge may do either or both of the following:make a consent order on any matter other than an order agreeing to allow or uphold the appeal; grant an indemnity certificate under the Appeal Costs Fund Act 1968.

On an appeal against the refusal of an ex parte application, the Full Court may make any order which the judge who refused the application could have made.

An interlocutory order from which there has not been an appeal does not prevent the Full Court giving any judgment on the hearing of the appeal as may be just.

The Full Court may order a new trial on any question without interfering with the finding or decision on any other question.

If the Full Court orders a new trial, it may, by that order, give all necessary directions for the further proceedings in the case.

If the Full Court does not give sufficient directions under subrule (10), a judge may give any necessary directions.