Document ID: chunk:federal_register_of_legislation:F2024C00417:reg:5:p41
Version: federal_register_of_legislation:F2024C00417
Segment Type: reg
Provision Reference: reg 5 (pt 41/53)
Character Range: 455485–457942

the Judge directs.

13.51  Fixing of hearing date
  On the filing of the signed case stated under rule 13.50, the Appeal Judicial Registrar must:
 (a) fix a date for the hearing of the case stated; and
 (b) give each party written notice about the hearing.

13.52  Summary of argument and list of authorities
 (1) A summary of argument to be presented and a list of authorities to be relied on at the hearing of a case stated must be filed and served:
 (a) by the party who prepares the draft case stated—at least 21 days before the commencement of the sittings in which the case stated is listed for hearing; and
 (b) by each other party—at least 14 days before the commencement of the sittings in which the case stated is listed for hearing; and
 (c) by a child representative (if any)—at least 7 days before the commencement of the sittings in which the case stated is listed for hearing.
 (2) The summary of argument must be in accordance with subrule 13.23(2).

Part 13.10—Costs orders

13.53  Filing of costs schedule in certain appeals
 (1) This rule applies to an appeal to which Part 13.3 or 13.4 applies.
 (2) A party who intends to seek costs at the conclusion of the hearing of the appeal, subject to the outcome of the appeal, must:
 (a) file and serve, no later than 7 days before the first day of the sittings in which the appeal is listed for hearing, a schedule of the costs to be sought at the scale prescribed by these Rules; and
 (b) be in a position to address the court as to costs (including quantum), whether sought by or against that party, at the conclusion of the hearing.
 (3) If a party files a schedule of costs under subrule (2), all parties must be in a position to address the court on the question of costs (including quantum) at the conclusion of the hearing.
Note: A party may include indemnity costs in a costs schedule as well as costs to be sought at the scale prescribed by these Rules.

13.54  Order for costs
 (1) A party to an appeal or an application for leave to appeal may apply for an order that another person pay costs.
 (2) An application for costs may be made:
 (a) at any stage during an appeal or an application for leave to appeal; or
 (b) by filing an application in relation to an appeal within 28 days after the court makes an order disposing of the appeal or an application for leave to appeal.
Note: A party may apply for an order for costs within 28 days after:
(a) a notice of discontinuance is