Document ID: chunk:federal_register_of_legislation:F2024C00482:reg:13:p26
Version: federal_register_of_legislation:F2024C00482
Segment Type: reg
Provision Reference: reg 13 (pt 26/48)
Character Range: 75214–77784

A party may apply to the Court, constituted by a single Judge, for directions in relation to the management, conduct and hearing of criminal appeal proceedings.
 (2) Without limiting subrule (1), a party may apply to the Court for a direction relating to any of the following:
 (a) granting an extension of time within which to appeal;
 (b) giving leave to amend the grounds of appeal;
 (c) joining or removing a party to the appeal;
 (d) making an interlocutory order pending, or after, the determination of an appeal to the Court;
 (e) making an order by consent disposing of an appeal;
 (f) dismissing an appeal for want of prosecution;
 (g) vacating a hearing date;
 (h) making an order that an appeal to the Court be dismissed for:
 (i) failure to comply with a direction of the Court; or
 (ii) failure of the appellant to attend a hearing relating to the appeal;
 (i) the conduct of the appeal including:
 (i) the contents of the appeal book; and
 (ii) the use of written submissions; and
 (iii) limiting the time for oral argument.
Note: The Court may, at any stage in criminal proceedings, order the parties to attend a hearing for directions—see rule 1.09.

Division 4.4—Ending appeals early

4.24  Ending appeals early
 (1) A party who has filed a notice of appeal or an application referred to in subrule 4.11(1) may withdraw the appeal or application, by filing a notice in accordance with Form CP23.
 (2) As soon as practicable after filing a notice under subrule (1), the party must serve a stamped copy of the notice on each other party to the proceedings.
 (3) A notice filed under subrule (1) has the effect of an order of the Court dismissing the appeal or application.
 (4) A notice filed under subrule (1) does not affect any other party who has filed a notice of appeal or an application referred to in subrule 4.11(1) in relation to the same judgment or decision as that mentioned in the withdrawn appeal or application.

4.25  Dismissing appeal for want of prosecution etc.
  A respondent to an appeal or an application referred to in subrule 4.11(1) may apply to the Court for an order that the appeal or application be dismissed:
 (a) for a failure by the applicant to comply with a direction of the Court; or
 (b) for a failure by the applicant to comply with the Act, these Rules or the Federal Court Rules 2011; or
 (c) for a failure by the applicant to attend a hearing relating to the appeal or application; or
 (d) for want of prosecution.
Note: For the form of an application under this rule and requirements relating to service, see rule