Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p120
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 120/154)
Character Range: 503263–505865

signed and sealed copy of the document to that party's address for service in the proceeding in the court appealed from.

36.07  Address for service of respondent
  A respondent to an appeal under rule 36.01 or an application under rule 36.05 must file a notice of address for service within 14 days after being served with the notice of appeal or application, and before taking a step in the proceeding.
Note: A respondent who does not want to contest the relief sought in the notice of appeal may file a submitting notice in accordance with rule 12.01.

36.08  Stay of execution or proceedings under judgment appealed from
 (1) An appeal does not:
 (a) operate as a stay of execution or a stay of any proceedings under the judgment subject to the appeal; or
 (b) invalidate any proceedings already taken.
 (2) However, an appellant or interested person may apply to the Court for an order to stay the execution of the proceeding until the appeal is heard and determined.
 (3) An application may be made under subrule (2) even though the court from which the appeal is brought has previously refused an application of a similar kind.
Note: Interested person is defined in the Dictionary.

36.09  Security for costs of appeal
 (1) A party may apply to the Court for an order that:
 (a) the appellant give security for the costs of the appeal, and for the manner, time and terms for giving the security; and
 (b) the appeal be stayed until security is given; and
 (c) if the appellant fails to comply with the order to provide security within the time specified in the order—the appeal be stayed or dismissed.
 (2) An application under subrule (1) must be accompanied by an affidavit stating the facts in support of the application.
Note: Section 56 of the Act also deals with security for costs.

36.10  Amendment to notice of appeal
  An appellant may, without the Court's leave, amend a notice of appeal during the period of 28 days after filing the notice of appeal by filing a supplementary notice of appeal in accordance with rule 36.01.

36.11  Directions
 (1) A party may apply to the Court, constituted by a single Judge, for directions in relation to the management, conduct and hearing of an appeal.
 (2) Without limiting subrule (1), a party may apply to the Court for an order for the following:
 (a) an extension of the time within which to appeal;
 (b) giving leave to amend the grounds of appeal;
 (c) joining or removing of a party to the appeal;
 (d) security for costs;
 (e) giving summary judgment;
 (f) making an interlocutory order pending, or after, the determination of an appeal