Document ID: chunk:federal_register_of_legislation:F2024C00417:reg:5:p44
Version: federal_register_of_legislation:F2024C00417
Segment Type: reg
Provision Reference: reg 5 (pt 44/53)
Character Range: 462404–464854

be reviewed in the filing registry within 21 days after the order or decision is made.
 (2) A party may apply for a review of any other exercise of a power under these Rules by a Senior Judicial Registrar or Judicial Registrar by filing an Application for Review and a copy of the order or decision sought to be reviewed in the filing registry within 21 days after the order or decision is made.
 (3) The applicant must serve a sealed copy of the application on each other party to the proceeding as soon as practicable and in any event not later than 7 days after it is filed.
 (4) An Application for Review must be listed for a hearing as soon as possible and, unless it is not practicable to do so, within 28 days after the date of filing.
Note 1: An Application for Review does not need to be supported by an affidavit stating the facts relied on in support of the orders sought (see subrule 5.04(2)).
Note 2: A person may apply for an extension of time in which an application must be made (see rule 15.06).

14.06  Stay
 (1) Subject to subrule (3), the filing of an application for review of an exercise of power does not operate as a stay of any order.
 (2) A party may apply for a stay of an order in whole or in part by filing an Application in a Proceeding.
 (3) If a divorce order has been granted by a Senior Judicial Registrar or Judicial Registrar, an application for review of that exercise of power is taken to be an appeal within the meaning of subsection 55(3) of the Family Law Act.

14.07  Procedure for review
 (1) A court must hear an application for review of an exercise of power by a Senior Judicial Registrar or Judicial Registrar as an original hearing.
Note: In an original hearing, the court rehears the whole matter and does not simply review the decision of the original court.
 (2) The court may receive as evidence:
 (a) any affidavit or exhibit tendered in the first hearing; or
 (b) with the leave of the court, any further affidavit or exhibit; or
 (c) the transcript (if any) of the first hearing; or
 (d) if a transcript is not available—an affidavit about the evidence that was adduced at the first hearing, sworn by a person who was present at the first hearing.
 (3) The court may determine an application for review in the absence of the parties without an oral hearing if:
 (a) the parties to the application consent to the making of the decision in their absence without an oral hearing; and
 (b) the court