Document ID: chunk:federal_register_of_legislation:F2024C00417:reg:5:p39
Version: federal_register_of_legislation:F2024C00417
Segment Type: reg
Provision Reference: reg 5 (pt 39/53)
Character Range: 450861–453437

without requiring an appeal book to be prepared or a procedural hearing to be held.

13.42  Discontinuance of appeal or application
 (1) A party may discontinue an appeal, an application for leave to appeal or any other application in relation to an appeal by filing a notice of discontinuance.
 (2) The party may be ordered to pay the costs of all other parties.
 (3) An application for costs must be filed within 28 days after the notice of discontinuance is filed.

13.43  Abandoning an appeal
 (1) If an appeal is taken to be abandoned, the appellant may be ordered to pay the costs of all other parties.
 (2) An application for costs of an abandoned appeal must be filed within 28 days after the date the appeal is taken to have been abandoned.

13.44  Application for reinstatement of appeal
  A party may apply to have an appeal taken to be abandoned under this Chapter reinstated.

13.45  Dismissal of appeal and applications for non‑compliance or delay
 (1) This rule applies if:
 (a) an appeal is not taken to have been abandoned; and
 (b) a party (the defaulting party) has not:
 (i) met a requirement under these Rules or the Family Law Regulations; or
 (ii) complied with an order in relation to the appeal (including an application for leave to appeal or any other application in relation to an appeal); or
 (iii) shown reasonable diligence in proceeding with an appeal or application.
 (2) A court having jurisdiction in the appeal or application may:
 (a) if the defaulting party is the appellant or the applicant:
 (i) dismiss the appeal or application; or
 (ii) fix a time by which a requirement is to be met and order that the appeal or application will be dismissed if the order imposing the requirement is not complied with; or
 (b) if the defaulting party is the respondent:
 (i) fix a time by which a requirement is to be met and order that the appeal or application will proceed if the order imposing the requirement is not complied with; or
 (ii) proceed to hear the appeal or application.
 (3) The court may make an order under subrule (2) on its own initiative if, at least 14 days before making the order, written notice has been given to the parties about the date and time the court will consider whether to make the order.
 (4) An application for costs in relation to an appeal or application dismissed under this rule must be made within 28 days after the dismissal.

Part 13.9—Case stated

13.46  Application of Part 13.9
  This Part applies to a proceeding (a case stated) in relation to which the court and a party want the Federal Circuit