Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p124
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 124/154)
Character Range: 512715–515208

in dispute; and
 (iii) the claims to be argued by the party concerned; and
 (iv) the reasons relied on for the claims.
Note: An application in this Division will be heard and determined by a single Judge unless:
(a) a Judge directs that the application be heard and determined by a Full Court; or
(b) the application is made in a proceeding that has already been assigned to a Full Court, and the Full Court considers it is appropriate for it to hear and determine the application.

36.43  Objection to application being considered without oral hearing
  A party who objects to an application being considered without an oral hearing must file a notice, in accordance with Form 119, stating the reason for the objection.
Note: The Court will determine whether the application proceeds by way of oral argument.
Rules 36.44 – 36.50 left blank

Division 36.5—Preparation of appeals

36.51  Appeal books
 (1) An appellant must file:
 (a) if the appeal is to a single Judge—2 appeal books; or
 (b) if an appeal is to the Full Court—4 appeal books.
 (2) If the Full Court for an appeal consists of more than 3 judges, the appellant must apply to a Registrar for a direction about how many appeal books must be filed.
 (3) An appeal book must comprise 3 parts, designated as Parts A, B and C.
 (4) An appeal book must:
 (a) have an index to Part A; and
 (b) contain only the material mentioned in this Division.
 (5) If material is included in an appeal book that is not mentioned in this Division, the party who includes or requests the inclusion of the material:
 (a) is not entitled to any costs relating to the inclusion of the material; and
 (b) must pay any costs incurred by any other party to the appeal as a result of the inclusion of the material.
 (6) A lawyer representing a party who includes in an appeal book material to which subrule (5) applies is not entitled to recover from the lawyer's client any costs incurred by the inclusion of the material.

36.52  Assistance from Registrar
 (1) A party who requires a Registrar's assistance to settle the index to Part A of the appeal book or Part B of the appeal book must, within 7 days after the notice of appeal has been served, apply in writing to a Registrar.
 (2) If there is no application by any party under subrule (1), the appellant must, within 28 days after the service of the notice of appeal, submit to a Registrar a draft of:
 (a) the index to Part A of the appeal book; and
 (b) Part B of the appeal book.
 (3) A Registrar