Document ID: chunk:federal_register_of_legislation:F2024C00482:reg:13:p27
Version: federal_register_of_legislation:F2024C00482
Segment Type: reg
Provision Reference: reg 13 (pt 27/48)
Character Range: 77558–80153

(c) for a failure by the applicant to attend a hearing relating to the appeal or application; or
 (d) for want of prosecution.
Note: For the form of an application under this rule and requirements relating to service, see rule 9.01.

4.26  Absence of party
 (1) If a party is absent when an appeal or an application referred to in subrule 4.11(1) is called on for hearing, any other party may apply to the Court for an order that:
 (a) if the absent party is the applicant:
 (i) the appeal or application be dismissed; or
 (ii) the appeal or application be adjourned; or
 (iii) the hearing proceed only if specified steps are taken; or
 (b) if the absent party is the respondent:
 (i) the hearing proceed generally or in relation to a particular aspect of the appeal or application; or
 (ii) the hearing be adjourned; or
 (iii) the hearing proceed only if specified steps are taken.
 (2) If a hearing proceeds in a party's absence and during or at the conclusion of the hearing an order is made, the party who was absent may apply to the Court for an order:
 (a) setting aside or varying the order; and
 (b) for the further conduct of the proceedings.
Note: For the form of an application under this rule and requirements relating to service, see rule 9.01.

Division 4.5—Questions of law referred after trial

4.27  Application for leave to refer question of law
 (1) An application for leave to refer a question of law under subsection 30CB(1) of the Act must be in accordance with Form CP27.
Note: Subsection 30CB(1) of the Act allows the prosecutor to apply for leave to refer a question of law to a Full Court to provide guidance for future cases if a person has been acquitted following a trial on indictment.
 (2) The application must:
 (a) identify precisely the question of law; and
 (b) be accompanied by an affidavit stating briefly, but specifically, the facts that support the application, including the reason why the Court should consider the question of law; and
 (c) set out the arrangements the prosecutor proposes to ensure the acquitted person will be properly represented if the acquitted person wants to make submissions in relation to the application for leave or in relation to the Court's determination of the question of law; and
 (d) set out the arrangements the prosecutor proposes to ensure that both sides of the issue will be argued if the acquitted person does not want to make submissions in relation to the Court's determination of the question of law.

4.28  Filing and service of application for leave to refer question of law
 (1) An application for leave to