Document ID: chunk:federal_register_of_legislation:F2024C00417:reg:5:p34
Version: federal_register_of_legislation:F2024C00417
Segment Type: reg
Provision Reference: reg 5 (pt 34/53)
Character Range: 439071–441657

that the documents referred to in rule 13.28 are before the court at the hearing of the appeal;
 (c) a timetable for the party responsible to file and serve:
 (i) the reasons for judgment of the Judge of the Federal Circuit and Family Court (Division 2) or of the Family Law Magistrate of Western Australia and those parts of the transcript of the hearing likely to be relevant to the appeal; and
 (ii) a list of documents to be relied on, or an appeal book; and
 (iii) a summary of argument; and
 (iv) a list of authorities to be relied on;
 (d) a date for the hearing of the appeal.
 (2) A summary of argument filed by a party as required by an order made under subparagraph (1)(c)(iii) must be in accordance with subrule 13.23(2).

13.28  Documents for appeal hearing if appeal book not required
 (1) If an appeal book is not required, the documents that must be before the Judge on the hearing of the appeal are as follows:
 (a) the Notice of Appeal;
 (b) the order of the Judge of the Federal Circuit and Family Court (Division 2) or of the Family Law Magistrate of Western Australia;
 (c) reasons for judgment of the Judge of the Federal Circuit and Family Court (Division 2) or of the Family Law Magistrate of Western Australia;
 (d) any relevant previous or subsequent order;
 (e) the application relied on before the Judge of the Federal Circuit and Family Court (Division 2) or the Family Law Magistrate of Western Australia;
 (f) any response relied on before the Judge of the Federal Circuit and Family Court (Division 2) or the Family Law Magistrate of Western Australia;
 (g) relevant affidavits relied on before the Judge of the Federal Circuit and Family Court (Division 2) or the Family Law Magistrate of Western Australia;
 (h) any family consultant's report (as referred to in rule 3.11) received in evidence;
 (i) relevant exhibits tendered before the Judge of the Federal Circuit and Family Court (Division 2) or the Family Law Magistrate of Western Australia;
 (j) the relevant part or parts of the transcript of the hearing before the Judge of the Federal Circuit and Family Court (Division 2) or the Family Law Magistrate of Western Australia;
 (k) if the appeal involves a challenge to the exclusion of evidence—the document that is the subject of the challenge.
 (2) The documents to be relied on in the appeal must not mention any offer to settle that has been made, or the terms of the offer unless the terms of the offer are relevant to the appeal.

Part 13.5—Appeal from court of summary jurisdiction other than a Family Law Magistrate of Western Australia