Document ID: chunk:federal_register_of_legislation:F2024C00482:reg:13:p21
Version: federal_register_of_legislation:F2024C00482
Segment Type: reg
Provision Reference: reg 13 (pt 21/48)
Character Range: 63605–66148

relating to the application; or
 (d) for want of prosecution.
Note: For the form of an application under this rule and requirements relating to service, see rule 9.01.

4.08  Absence of party
 (1) If a party is absent when an application for leave to appeal or an application referred to in subrule 4.02(1) is called on for hearing, any other party may apply to the Court for an order that:
 (a) if the absent party is the applicant:
 (i) the application be dismissed; or
 (ii) the application be adjourned; or
 (iii) the hearing proceed only if specified steps are taken; or
 (b) if the absent party is the respondent:
 (i) the hearing proceed generally or in relation to a particular aspect of the application; or
 (ii) the hearing be adjourned; or
 (iii) the hearing proceed only if specified steps are taken.
 (2) If a hearing proceeds in a party's absence and during or at the conclusion of the hearing an order is made, the party who was absent may apply to the Court for an order:
 (a) setting aside or varying the order; and
 (b) for the further conduct of the proceedings.
Note: For the form of an application under this rule and requirements relating to service, see rule 9.01.

4.09  Revocation or variation of grant of leave
  If the Court or a Judge gives leave to appeal under section 30AA of the Act, the respondent may apply to the Full Court for an order:
 (a) revoking the leave to appeal, wholly or in part; or
 (b) imposing conditions on the leave to appeal; or
 (c) varying any conditions of the leave to appeal.
Note: For the form of an application under this rule and requirements relating to service, see rule 9.01.

Division 4.2—Institution of appeals

4.10  Notice of appeal

Appeals under section 30AA
 (1) A party who wants to appeal to the Court under section 30AA of the Act in relation to a judgment or decision must file a notice of appeal in accordance with Form CP24.

Appeals under section 30AD
 (2) An appeal under section 30AD of the Act in relation to a judgment must be made by filing a notice of appeal in accordance with Form CP24.

Notice of appeal
 (3) A notice of appeal must state:
 (a) whether the whole judgment or decision, or only part of the judgment or decision, is appealed from (and if only part, which part); and
 (b) briefly, but specifically, the grounds relied on in support of the appeal; and
 (c) the judgment or decision the appellant seeks instead of the judgment or decision appealed from; and
 (d) if the appellant wants the appeal dealt with urgently—the reasons for the urgency;