Document ID: chunk:federal_register_of_legislation:F2024C00482:reg:13:p25
Version: federal_register_of_legislation:F2024C00482
Segment Type: reg
Provision Reference: reg 13 (pt 25/48)
Character Range: 72902–75446

in reply—not later than 10 business days before the hearing of the appeal.
 (3) The documents referred to in paragraphs (1)(b) and (c) must be filed as follows:
 (a) for an appellant—not later than 5 business days before the hearing of the appeal;
 (b) for a respondent—not later than 4 business days before the hearing of the appeal.
Note: The Court has issued a practice note for the assistance of parties to an appeal and their lawyers. The Court expects the parties and their lawyers to comply with the practice note.
 (4) As soon as practicable after a party files a document referred to in subrule (1), the party must serve a stamped copy of the document on each other party to the appeal.

4.21  Further evidence on appeal
 (1) If a party to an appeal wants to apply for the Court to receive further evidence under paragraph 30AI(1)(c) of the Act, the application must be filed at least 21 days before the hearing of the appeal and be accompanied by an affidavit stating the following:
 (a) briefly, but specifically, the facts that support the application;
 (b) the grounds of appeal to which the application relates;
 (c) the evidence that the applicant wants the Court to receive;
 (d) why the evidence was not adduced in the court from which the appeal was made.
 (2) A party who wants to adduce evidence in reply must file an application to do so at least 14 days before the hearing of the appeal.
Note 1: Section 30AI of the Act allows the Court to receive further evidence on appeal.
Note 2: For the form of an application under subrule (1) or (2) and requirements relating to service, see rule 9.01.

4.22  Court may request report
 (1) On the hearing of criminal appeal proceedings in relation to a judgment or decision, the Court may request the Judge or court that made the judgment or decision to provide a report to the Court, for the information of the Court, on any aspect arising in the case.
 (2) A party to the proceedings may apply to the Court for an order that the appellant or the respondent, or both, be allowed to inspect the report by filing an application in accordance with Form CP26.
 (3) As soon as practicable after filing an application under subrule (2), the party must serve a stamped copy of the application on each other party to the proceedings.

4.23  Directions
 (1) A party may apply to the Court, constituted by a single Judge, for directions in relation to the management, conduct and hearing of criminal appeal proceedings.
 (2) Without limiting subrule (1), a party may apply to the Court for a