Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p127
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 127/154)
Character Range: 519772–522420

stating the following:
 (a) briefly but specifically, the facts on which the application relies;
 (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 appealed from.
 (3) The application and the affidavit must be filed as follows:
 (a) if the appeal is to the Full Court—4 copies;
 (b) if the appeal is to a single Judge—2 copies.
 (4) Any other party to the appeal who wants to adduce evidence on the appeal must file an affidavit at least 14 days before the hearing of the appeal.
Note: Section 27 of the Act allows the Court to receive further evidence on appeal.
Rules 36.58–36.70 left blank

Division 36.6—Ending appeals

36.71  Definitions for Division 36.6
  In this Division:
appeal includes a cross‑appeal.
appellant includes a cross‑appellant.
respondent includes a cross‑respondent.

36.72  Notice of objection to competency of appeal
 (1) A respondent who objects to the competency of an appeal must, within 14 days after being served with a notice of appeal, file a notice of objection to competency:
 (a) in accordance with Form 125; and
 (b) that, briefly but specifically, states the grounds of the objection.
 (2) The appellant carries the burden of establishing the competency of an appeal.
 (3) A respondent may apply to the Court for the question of competency to be heard and determined before the hearing of the appeal.
 (4) If a respondent has not filed a notice under subrule (1), and the appeal is dismissed by the Court as not competent, the respondent is not entitled to any costs of the appeal.
 (5) If the Court decides that an appeal is not competent, the appeal is dismissed.

36.73  Discontinuance of appeal
 (1) An appellant may discontinue an appeal by filing a notice of discontinuance of the appeal, in accordance with Form 126:
 (a) without the Court's leave—at any time before the hearing of the appeal; or
 (b) with the Court's leave:
 (i) at the hearing; or
 (ii) after the hearing and before the judgment is pronounced or the order is made.
 (2) A notice of discontinuance has the effect of an order of the Court dismissing the appellant's appeal.
 (3) A notice of discontinuance filed by one appellant does not affect any other appellant in the appeal.
 (4) An appellant who files a notice under subrule (1) must, unless the parties otherwise agree, pay the costs of each respondent.

36.74  Application to dismiss appeal
 (1) A respondent may apply to the Court for an order that the appeal be dismissed for the failure by an appellant to do any of the following:
 (a) comply with a