Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p119
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 119/154)
Character Range: 500999–503499

will be considered by a Registrar in Chambers and directions made.

36.03  Time for filing and serving notice of appeal
  An appellant must file a notice of appeal:
 (a) within 28 days after:
 (i) the date on which the judgment appealed from was pronounced or the order was made; or
 (ii) the date on which leave to appeal was granted; or
 (b) on or before a date fixed for that purpose by the court appealed from.

36.04  Service on parties and lodgments
 (1) An appellant must serve a notice of appeal on each person who was a party to, or given leave to intervene in, the proceeding in the court appealed from.
Note: The Court may direct that the notice of appeal be served on any other person.
 (2) If the court appealed from is a court of a State or Territory, the appellant must, within 7 days after filing the notice of appeal, lodge a copy of the notice of appeal with the office of the Registrar, Master or proper officer of the court appealed from.

36.05  Extension of time to file notice of appeal
 (1) A party who wants to apply for an extension of time within which to file a notice of appeal must file an application, in accordance with Form 67.
 (2) The application may be made during or after the period mentioned in rule 36.03.
 (3) The application must be accompanied by the following:
 (a) the judgment or orders from which the appeal is to be brought;
 (b) the reasons for the judgment or orders, if published;
 (c) an affidavit stating:
 (i) briefly but specifically, the facts on which the application relies; and
 (ii) why the notice of appeal was not filed within time;
 (d) a draft notice of appeal that complies with rules 36.01(1) and (2).
Note: An application under this rule will be heard by a single Judge unless:
(a) the Judge directs that the application be heard by the 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 appropriate to hear and determine the matter—see section 25(2) of the Act.

36.06  Method of service
  A notice of appeal under rule 36.01 or an application under rule 36.05 must be served in one of the following ways:
 (a) by serving a signed and sealed copy of the document personally on the party;
 (b) by delivering a signed and sealed copy of the document to that party's address for service in the proceeding in the court appealed from.

36.07  Address for service of respondent
  A respondent to an appeal under rule 36.01 or an application under rule