Document ID: chunk:federal_register_of_legislation:F2024C00417:reg:5:p38
Version: federal_register_of_legislation:F2024C00417
Segment Type: reg
Provision Reference: reg 5 (pt 38/53)
Character Range: 448525–451104

court receive further evidence on the hearing of the appeal must file the application at least 14 days before the date of commencement of the sittings in which the appeal is listed for hearing.
 (2) The affidavit filed with the application must state:
 (a) briefly but specifically, the facts on which the application relies; and
 (b) the grounds of appeal to which the application relates; and
 (c) the evidence that the applicant wants the appeal court to receive, or at least the nature of the further evidence; and
 (d) the reason why the evidence was not adduced at the hearing.
 (3) Any other party to the appeal may file an affidavit in response to the application at least 7 days before the date of commencement of the sittings in which the appeal is listed for hearing.
 (4) The hearing date for an application to adduce further evidence is the same as the date fixed for the hearing of the appeal or the application for leave to appeal.
Note: Documents relating to further evidence should not be included in the appeal book.

13.40  Review of Appeal Judicial Registrar's order
 (1) A party may apply for a review of:
 (a) an Appeal Judicial Registrar's order relating to the conduct of an appeal; or
 (b) the rejection of a document by an Appeal Judicial Registrar.
Note: Rule 2.24 sets out the grounds on which a document may be rejected.
 (2) An application under subrule (1) may be made by filing an Application in an Appeal in the National Appeal Registry, within 21 days after the order is made or the document is rejected.
Note: The Appeal Judicial Registrar must list the application for review for hearing by a Judge of the Federal Circuit and Family Court (Division 1) (see section 100 of the Federal Circuit and Family Court Act).

Part 13.8—Concluding an appeal, an application for leave to appeal or any other application in relation to an appeal

13.41  Consent orders on appeal
 (1) This rule applies if the parties to an appeal agree about the orders the court will be asked to make on appeal.
 (2) The parties may file a draft consent order, setting out the terms of their agreement.
 (3) If the parties:
 (a) agree about the orders the court will be asked to make on appeal; and
 (b) disagree about the order for costs;
the Appeal Judicial Registrar may fix a date for hearing for the argument about costs, without requiring an appeal book to be prepared or a procedural hearing to be held.

13.42  Discontinuance of appeal or application
 (1) A party may discontinue an appeal, an application for leave to appeal or any other application in relation