Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p115
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 115/154)
Character Range: 491653–494288

which to seek leave to appeal, must, within 2 days of filing the application, serve on each person who was a party to, or was given leave to intervene in, the proceeding in the court appealed from, each document filed under rule 35.12 or 35.14.

35.16  Method of service
  An application under rule 35.12 or 35.14 and the accompanying documents must be served in one of the following ways:
 (a) by serving a signed and sealed copy of the application and documents personally on the party;
 (b) by delivering a signed and sealed copy of the application and documents to the party's address for service in the proceeding in the court sought to be appealed from.

35.17  Address for service of respondent
  A respondent to an application under rule 35.12 or 35.14 must file a notice of address for service within 14 days after being served with the application and before taking a step in the proceeding.
Note: A respondent who does not want to contest the relief sought in the application for leave to appeal may file a submitting notice in accordance with rule 12.01.

35.18  Certain applications may be dealt with without an oral hearing
 (1) An applicant may apply to the Court for an order that an application under rule 35.12 or 35.14 be dealt with without an oral hearing.
 (2) If the Court makes an order under subrule (1), each party must file the party's submissions in accordance with rule 35.19.
Note: An application under subrule (1) may be heard and determined by a single Judge—see sections 25(2) and 25(2B) of the Act.

35.19  Submissions
  A party's submissions must:
 (a) include the title of the proceeding; and
 (b) include the name of the party who filed it; and
 (c) consist of consecutively numbered paragraphs; and
 (d) consist of no more than 10 pages; and
 (e) if a reference is made to the transcript of proceedings in the court appealed from:
 (i) state the page and line number; and
 (ii) attach a copy of any page of the transcript referred to; and
 (f) state, briefly but specifically:
 (i) if filed by the applicant—the relevant facts; and
 (ii) if filed by a respondent—the facts in dispute; and
 (iii) the claims to be argued by the party concerned; and
 (iv) the reasons relied on for the claims.

35.20  Objection to application being considered without oral hearing
  A respondent who objects to an application being considered without an oral hearing must file a notice, in accordance with Form 119, stating the reasons for the objection.
Note: The Court will determine whether the application proceeds by way of oral argument.

35.21  Time for filing and serving affidavits
  A respondent seeking to