Document ID: chunk:federal_register_of_legislation:F2024C00057:front:0:p45
Version: federal_register_of_legislation:F2024C00057
Segment Type: other
Provision Reference: 
Character Range: 105523–108263

who is present at the hearing, or a legal practitioner on behalf of a party, may appear and, subject to rule 41.08.3, may present oral argument.
41.08.3  The time allocated to the parties for oral argument on the hearing of an application shall be as the Court orders or, in default of any order, shall be:
 (a) applicant—20 minutes; and
 (b) respondent—20 minutes; and
 (c) applicant in reply—5 minutes.

41.09  Discontinuance of application
41.09.1  An applicant may discontinue an application by filing a notice of discontinuance in Form 25 and serving the notice on the respondent.
41.09.2  Unless the Court or a Justice, or the Registrar, otherwise orders or directs, an applicant who discontinues an application shall pay the respondent's costs in respect of the application, and such costs shall be taxed, unless agreed.
41.09.3  Filing the notice of discontinuance shall be sufficient authority for the taxation of costs.
41.09.4  Rules 41.09.2 and 41.09.3 apply only to applications for leave or special leave to appeal in civil matters in which there is no statutory prohibition against, or limitation of, an award of costs in favour of the respondent.

41.10  Deemed abandonment of application by delay
41.10.1  Unless the Court or a Justice or the Registrar otherwise orders or directs, an application is deemed to have been abandoned if the applicant fails to comply with rules 41.03.1 and 41.03.2.
41.10.2  On a request by the respondent, the Registrar shall provide a certificate of deemed abandonment and rules 41.09.2, 41.09.3 and 41.09.4, with the necessary adaptations, shall apply.

41.11  Directions by Registrar
41.11.1  At any time after an application is filed, the Registrar may give directions as to any matter that appears to the Registrar to be a convenient matter upon which to give directions.
41.11.2  The Registrar may:
 (a) give directions under rule 41.11.1 without a hearing; or
 (b) at the Registrar's discretion and at any time, require the parties to an application to attend before the Registrar.

Part 42—Appeals

42.01  Institution of appeals
  An appeal shall be instituted by filing a notice of appeal.

42.02  Form of notice of appeal
42.02.1  A notice of appeal shall be in Form 24.
42.02.2  A notice of appeal shall:
 (a) state the name of the court below, or the Judge pronouncing the judgment below, and the date when the judgment below was given;
 (b) where applicable, state the date on which leave or special leave to appeal was granted;
 (c) when leave or special leave has been granted on terms, set out the particulars of those terms;
 (d) state whether the whole, or part only and what part, of the judgment below is appealed from;
 (e) briefly, but specifically, set out the grounds