Decisions made on the papers
63 Decisions made on the papers
This rules applies if another rule says it applies.
If a decision is made under the other rule on the basis of the documents lodged without requiring the parties to attend a hearing (the provisional decision), a registrar must serve the parties with written notice of the provisional decision.
If a party wants a hearing of the matter that gave rise to the provisional decision, the party must lodge a Form 25 (Request for a hearing) within 5 working days after the date on which the party is served with the notice of the provisional decision.
If no party lodges a Form 25 under subrule (3), the provisional decision becomes the final decision on the matter.
If any party lodges a Form 25 under subrule (3), a registrar must list the matter for hearing by the judge who made the provisional decision or, if he or she is absent, before another, and notify the parties.
At the hearing the provisional decision may be confirmed, amended or set aside.
The decision made at the hearing is the final decision on the matter.
Any right to appeal against, or to make an application as a result of or in respect of, a final decision on a matter cannot be exercised in relation to a provisional decision until it becomes a final decision.
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