Document ID: chunk:federal_register_of_legislation:F2024C00417:reg:5:p35
Version: federal_register_of_legislation:F2024C00417
Segment Type: reg
Provision Reference: reg 5 (pt 35/53)
Character Range: 441429–443980

offer to settle that has been made, or the terms of the offer unless the terms of the offer are relevant to the appeal.

Part 13.5—Appeal from court of summary jurisdiction other than a Family Law Magistrate of Western Australia

13.29  Application of Part 13.5
  This Part applies to an appeal from an order of a court of summary jurisdiction other than a Family Law Magistrate of Western Australia.

13.30  Fixing of hearing date
  On the filing of a Notice of Appeal, the Registry Manager must fix a date for the hearing of the appeal that is as near as practicable to 56 days after the Notice of Appeal was filed.
Note: The appellant must give a copy of the Notice of Appeal to the Registrar of the court of summary jurisdiction within 14 days after filing the Notice of Appeal (see rule 13.06).

Part 13.6—Powers of appeal courts and conduct of appeal
Note 1: The following provisions set out the powers of the appeal court. See also paragraph 35(b) and subsection 36(1) of the Federal Circuit and Family Court Act and subsection 47A(6) of the Family Law Act.
Note 2: Oral argument will ordinarily be restricted to issues raised by the Notice of Appeal and the summary of argument. The appeal court may restrict the time allowed for oral argument.

13.31  Non‑attendance by party
  If a party does not attend, in person or by lawyer, when an appeal is called on for hearing, the court may:
 (a) if the appellant does not attend—dismiss the appeal; or
 (b) if the respondent does not attend—proceed with the appeal.

13.32  Attendance by electronic communication
 (1) A party may request permission from the court to attend the hearing of an appeal, an application for leave to appeal or any other application in relation to an appeal, or a procedural hearing, by electronic communication.
 (2) The request must:
 (a) be in writing; and
 (b) for an application in relation to an appeal or a procedural hearing—be made at least 14 days before the date fixed for the hearing of the application or the procedural hearing; and
 (c) for an application for leave to appeal or an appeal—be made at least 14 days before the date fixed for the hearing of the application for leave to appeal or the appeal; and
 (d) address all of the matters referred to in subrule 15.16(4) that are applicable; and
 (e) set out the notice given of the request to any other party and whether there is any objection to the request.
 (3) The request may be determined, in chambers, in the absence of the parties by:
 (a) for an appeal or application to be heard by a Full