Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p79
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 79/154)
Character Range: 404164–406726

file a copy of Part C of the appeal book.

33.29  Further evidence on appeal
 (1) A party may apply for the Court to receive further evidence on appeal.
 (2) The application must be filed at least 21 days before the hearing of the appeal and be accompanied by an affidavit stating the following:
 (a) the facts relating to the grounds of the application;
 (b) any evidence necessary to establish the grounds of the application;
 (c) the evidence that the applicant wants the Court to receive;
 (d) why the evidence was not adduced in the Tribunal.
 (3) The application and the affidavit must be filed as follows:
 (a) if the appeal is to the Full Court—4 copies;
 (b) if the appeal is to a single Judge—2 copies.
 (4) Any other party to the appeal who wants to adduce evidence on the application must file an affidavit at least 14 days before the hearing of the appeal.
Note: The Court may receive further evidence on an appeal for the purpose of making findings of fact under section 44(7) of the AAT Act.

33.30  Notice of objection to competency of appeal
 (1) A respondent who objects to the competency of an appeal must, within 14 days after being served with a notice of appeal, file a notice of objection to competency:
 (a) in accordance with Form 68; and
 (b) that, briefly but specifically, states the grounds of the objection.
 (2) The applicant carries the burden of establishing the competency of an appeal.
 (3) A respondent may apply to the Court for the question of competency to be heard and determined before the hearing of the appeal.
 (4) If a respondent has not filed a notice under subrule (1), and the appeal is dismissed by the Court as not competent, the respondent is not entitled to any costs of the appeal.
 (5) If the Court decides that an appeal is not competent, the appeal is dismissed.

33.31  Discontinuance of appeal
 (1) An applicant may discontinue an appeal by filing a notice of discontinuance of the appeal, in accordance with Form 78:
 (a) without the Court's leave—at any time before the hearing of the appeal; or
 (b) with the Court's leave:
 (i) at the hearing; or
 (ii) after the hearing and before a judgment is pronounced or an order made.
 (2) A notice of discontinuance has the effect of an order of the Court dismissing the applicant's appeal.
 (3) A notice of discontinuance filed by one applicant does not affect any other applicant in the appeal.
 (4) An applicant who files a notice under subrule (1) must, unless the parties otherwise agree, pay the costs of each party to the appeal.

33.32  Application to