Document ID: chunk:federal_register_of_legislation:F2024C00417:reg:5:p27
Version: federal_register_of_legislation:F2024C00417
Segment Type: reg
Provision Reference: reg 5 (pt 27/53)
Character Range: 422533–425075

or an independent children's lawyer who does not want to cross‑appeal from any part of an order under appeal, but contends that the order should be affirmed on grounds other than those relied on by the court appealed from, must file a Notice of Contention.
 (2) A Notice of Contention must be filed within 28 days after the Notice of Appeal was served on the respondent or the independent children's lawyer.

13.09  Submitting notice
 (1) A respondent who does not want to contest the relief sought in the Notice of Appeal may file a submitting notice under rule 2.22.
 (2) A submitting notice for a respondent served with a Notice of Appeal must be filed within 14 days after the procedural hearing.

13.10  Amendment of Notice of Appeal
 (1) The grounds of appeal and the orders sought in a Notice of Appeal may be amended without permission at any time up to and including the date fixed for filing of the summary of argument by the appellant.
 (2) If a Notice of Appeal is amended, the grounds of appeal and the orders sought in a Notice of Appeal endorsed as a cross‑appeal may be amended without permission at any time within 7 days after service of the amended Notice of Appeal.
Note: Rule 2.52 provides for how to amend a document.

13.12  Stay
 (1) The filing of a Notice of Appeal does not stay the operation or enforcement of the order appealed from, unless otherwise provided by a legislative provision.
 (2) If an appeal has been started, or a party has applied for leave to appeal against an order, any party may apply for an order staying the operation or enforcement of all, or part, of the order to which the appeal or application relates.
 (3) An application for a stay must:
 (a) be filed in the registry in which the order under appeal was made; and
 (b) be heard by the Judge or Magistrate who made the order under appeal, unless that judicial officer is unavailable.
Note: Under subsection 55(3) of the Family Law Act, a divorce order is stayed until after an appeal against it is determined or discontinued.

13.13  Procedural orders in relation to an application for leave to appeal
  In relation to an application for leave to appeal from an order, the court may make procedural orders, including the following:
 (a) an order requiring the applicant to file a written undertaking to pay any filing fee;
 (b) an order that the proposed appeal be argued at the same time as the application for leave to appeal;
 (c) an order that the application be dealt with by the court without an oral hearing and orders in relation