Document ID: chunk:federal_register_of_legislation:F2024C00057:front:0:p42
Version: federal_register_of_legislation:F2024C00057
Segment Type: other
Provision Reference: 
Character Range: 98184–100925

any other person who is competent to file a petition on the grounds alleged in the petition to be substituted for the petitioner and the proceedings upon the petition shall be continued as if the person substituted had been the original petitioner.
32.05.4  Where the sole petitioner dies before trial of the petition the Court or a Justice may allow some other person who was competent to file a petition on the grounds alleged in the petition to be substituted for the petitioner and the proceedings upon the petition shall be continued as if the person substituted had been the original petitioner.
[End of Chapter 3. Chapter 4 commences with Part 40.]

Chapter 4—Proceedings in the appellate jurisdiction of the Court

Part 40—Interpretation and application of Chapter 4

40.01  Interpretation
  In Chapter 4 of the Rules, unless the contrary intention appears:
appeal means an appeal to the Court.
appellant, in relation to an appeal, means the person appealing.
applicant, in relation to an application for leave or special leave to appeal, means the person making the application.
application means an application for leave or special leave to appeal to the Court.
court below means the court pronouncing the judgment below.
indictment includes an information or other process setting out the offence with which an applicant was charged before the court first recording a conviction or sentence.
intervener includes a person intervening and a person seeking leave to intervene or to be heard as amicus curiae before the Full Court.
Judge includes a Justice.
judgment includes an order, a conviction and a sentence.
judgment below, in relation to an application, means the judgment from which it is sought to appeal, and in relation to an appeal, means the judgment from which the appeal is brought.
parties, in relation to an application, means an applicant and any respondent who has filed an appearance.
respondent, in relation to an application, means a person who is required to be served with the application, other than the proper officer of the court below, and in relation to an appeal, means a person who has been served with a notice of appeal.
unrepresented applicant means an applicant to an application for leave or special leave to appeal who does not have legal representation.
unrepresented person means an applicant or respondent to an application who does not have legal representation.

40.02  Application of Chapter 2
  Without limiting the operation of Part 6 of the Rules where Chapter 4 does not make adequate provision for the taking of a step in the appellate jurisdiction of the Court, the provisions of Chapter 2 shall be applied with any modification necessary to give proper effect to those Rules in the