Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p114
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 114/154)
Character Range: 489299–491870

an affidavit stating the facts that support the application;
 (d) a draft notice of appeal that complies with rules 36.01(1) and (2); and
 (e) if the applicant wants to have the application considered without oral argument—a statement to that effect.
Note 1: A lawyer may file a notice of appeal starting migration litigation only if the notice includes or is accompanied by a certificate under section 486I of the Migration Act 1958, signed by the lawyer.
Note 2: File is defined in the Dictionary as meaning file and serve.
Note 3: For migration litigation, lawyer has the meaning given by section 5 of the Migration Act 1958.

35.13  Time for filing application
  The application must be filed:
 (a) within 14 days after the date on which the judgment was pronounced or the order was made; or
 (b) on or before a date fixed for that purpose by the Court from which leave to appeal is sought.
Note: Judgment and order are defined in the Dictionary.

35.14  Extension of time to seek leave to appeal
 (1) A person who wants to apply for an extension of time to seek leave to appeal must file an application, in accordance with Form 118.
 (2) The application may be made during or after the period mentioned in rule 35.13.
 (3) The application must be accompanied by the following:
 (a) the judgment or order from which leave to appeal is sought;
 (b) the reasons for the judgment or order, if published;
 (c) an affidavit stating:
 (i) briefly but specifically, the facts on which the application relies; and
 (ii) why the application for leave to appeal was not filed within time; and
 (d) a draft notice of appeal that complies with rules 36.01(1) and (2);
 (e) a statement by the applicant of whether the applicant wants to have the application considered without oral argument.
Note 1: The Court may grant an extension of time, and hear and determine the application for leave to appeal, at the same time.
Note 2: An application under rule 35.12 or 35.14 will be heard and determined by a single Judge unless the application is made in a proceeding that has already been assigned to a Full Court and the Full Court considers it appropriate to hear and determine the application.
Note 3: File is defined in the Dictionary as meaning file and serve.

35.15  Service of application
  A party seeking leave to appeal, or an extension of the time within which to seek leave to appeal, must, within 2 days of filing the application, serve on each person who was a party to, or was given leave to intervene in, the proceeding in the court appealed from, each document filed