Document ID: chunk:federal_register_of_legislation:F2023C00085:reg:119:p15
Version: federal_register_of_legislation:F2023C00085
Segment Type: reg
Provision Reference: reg 119 (pt 15/23)
Character Range: 201387–203988

grounds other than those relied on by the Tribunal, the respondent must, within 21 days after the notice of appeal is served, file a notice of contention, in accordance with the approved form.

28.06  Directions
 (1) At the first court date, the Court or a Registrar must give directions for the conduct of the proceeding.
 (2) Without limiting subrule (1), the Court or a Registrar may:
 (a) determine the documents and matters to be included in the appeal papers and the order of inclusion; and
 (b) determine what documents and matters were before the Tribunal; and
 (c) settle the index; and
 (d) determine the number of copies of the appeal papers required; and
 (e) direct the joinder of parties; and
 (f) direct the place and time of hearing.

28.07  Preparation of appeal papers
 (1) The appeal papers must be prepared to the satisfaction of the Registrar.
 (2) The title page of the appeal papers must state:
 (a) the title of the proceedings; and
 (b) the division of the Tribunal from which the appeal is brought; and
 (c) the names of members constituting the Tribunal; and
 (d) the lawyer and address for service for each party; and
 (e) if a party is not represented by a lawyer—the address for service of the party.
 (3) Following the title page, there must be an index of the documents comprising the appeal papers that states the date and page number of each document.
 (4) The appeal papers must be paginated.
 (5) The appeal papers must include all documents necessary to enable the questions of law raised by the appeal to be determined.
 (6) A copy of the appeal papers must be filed with a certificate by each party or each party's lawyer stating that the papers have been examined and are correct.
 (7) The appeal papers must be clear and legible and securely fastened.
 (8) The applicant must file the number of copies required by the Registrar.

Part 29—Proceedings under the Migration Act 1958

Division 29.1—Preliminary

29.01  Definitions for Part 29
  In this Part:
Migration Act means the Migration Act 1958.
migration decision has the meaning given by subsection 5(1) of the Migration Act.

29.02  Application of Part 29
 (1) This Part applies to a proceeding for a remedy to be granted in the exercise of the Court's jurisdiction under section 476 of the Migration Act in relation to a migration decision.
 (2) This Part applies to a matter, or part of a matter, remitted to the Court by the High Court under section 44 of the Judiciary Act 1903 and in accordance with section 476B of the Migration Act.
 (3) Subrule (2) is subject to any order of the High Court in the