District Court Rules 2005

This rule is subject to the written law that provides for the appeal to be made to the Court.

Before or during the hearing of an appeal, the Court, on application or, after notifying the parties, on its own initiative, and on any terms needed, may —

order a stay of execution of any appealable decision against which an appeal (other than a WCIMA appeal) has been, or the Court is satisfied will be, commenced;

order the notice of appeal or an answer, or any part of it, to be struck out;

order the appeal to be conducted at a different registry;

order the appeal be heard at a different place;

order 2 or more appeals to be consolidated;

order the notice of appeal or an answer to be served on a person who is not a party to the appeal;

order substituted service of any document;

give leave under rule 50(2);

give leave under rule 56;

make orders as to the admission or otherwise of evidence in an affidavit;

give leave or make an order under rule 58;

dismiss an appeal for want of prosecution;

adjourn the hearing of the appeal;

adjourn the appeal to a further direction hearing before a Registrar under rule 55.

Before or during the hearing of a WCIMA appeal, the Court may —

grant leave under the Workers Compensation and Injury Management Act 2023 section 391(1); or

grant leave under section 391(6) or make an order under section 392(1) of that Act.