District Court Rules 2005

To —

commence an appeal (other than a WCIMA appeal) to the Court against an appealable decision; or

apply for an extension of time within which to commence such an appeal,

a Form 6 (Appeal notice) that sets out the grounds for the appeal in accordance with subrule (3);

any document required by subrule (2).

If Form 6 says an extension of time within which to commence the appeal is needed, the form must be filed with an affidavit by the applicant or the applicant’s legal practitioner or both explaining why the appeal was not commenced within time.

The grounds of appeal in a notice of appeal must not merely allege that an appealable decision is against the weight of the evidence or that it is wrong in law, they must specify the particulars relied on to demonstrate that the decision is against the weight of the evidence and the specific reasons why it is wrong in law.

To —

commence a WCIMA appeal to the Court against an appealable decision; and

make an application for leave under the Workers Compensation and Injury Management Act 2023 section 391(1),

In Form 8A the appellant must state —

the question of law the subject of the appeal; and

the error alleged to have been made by the arbitrator; and

the decision that the appellant claims should be made in relation to that question of law.

Subject to the RSC Order 72 rule 4, an appeal notice or an appeal notice (WCIMA appeal) must be served on the respondent either personally or, if the respondent is in a prison, by sending it to the superintendent of the prison by ordinary prepaid post.

Unless otherwise ordered, subrule (4) does not apply to an appeal against a decision made in a hearing fixed under the Restraining Orders Act 1997 section 26(2).

If an appeal is made under the Criminal Injuries Compensation Act 2003 Part 7 —

the appeal notice must be served on the respondent under subrule (4) unless the Court orders otherwise; and

the appeal notice and any other document filed in the appeal must be served on —

the Chief Assessor of Criminal Injuries Compensation appointed under that Act; and

the State Solicitor’s Office, on behalf of the chief executive officer of the department of the Public Service that principally assists the Minister in the administration of that Act;

service of any document on the Chief Assessor of Criminal Injuries Compensation or the State Solicitor’s Office under paragraph (a) may be effected by ordinary prepaid post.

When an appeal notice or an appeal notice (WCIMA appeal) is served on a respondent, it must have attached to it a Form 8 (Notice of respondent’s intention).

As soon as practicable after complying with any requirement for service under this rule the appellant must file a Form 7 (Service certificate).