Document ID: chunk:federal_register_of_legislation:F2024C00417:reg:5:p30
Version: federal_register_of_legislation:F2024C00417
Segment Type: reg
Provision Reference: reg 5 (pt 30/53)
Character Range: 429529–432181

of argument, lists of authorities, and costs schedules must be filed and served;
 (f) the conduct of the appeal (including the likely duration of the appeal);
 (g) any other matter that the Registrar or Judge considers necessary.

13.19  Preparation of appeal book and obtaining transcript
 (1) The appellant or, if so ordered, the cross‑appellant is responsible for preparing and filing the appeal book.
 (2) If a Judge or Appeal Judicial Registrar is satisfied that preparing the appeal book would impose exceptional hardship on the appellant, the Judge or Appeal Judicial Registrar may order that either of the following are to prepare and file the appeal book:
 (a) a respondent;
 (b) the Appeal Judicial Registrar.
 (3) When making an order under subrule (2), the court may order the appellant to pay the costs of preparing the appeal book.
 (4) The appellant, or if so ordered the cross‑appellant, is responsible for obtaining any transcript of the hearing relevant to the appeal or cross‑appeal.

13.20  Contents of appeal book
 (1) Unless otherwise ordered under paragraph 13.18(2)(a), the appeal book must contain only:
 (a) the documents put in evidence at the hearing or trial to which the appeal relates, including the orders, applications, affidavits and exhibits relevant to the grounds of appeal or contention and necessary to enable the court hearing the appeal to reach its decision; and
 (b) if the appeal involves a challenge to the exclusion of evidence—the document:
 (i) that is the subject of the challenge; and
 (ii) that was tendered, but not admitted as evidence, at the hearing or trial to which the appeal relates.
 (2) The appeal book must not mention any offer to settle that has been made, or the terms of the offer unless the terms of the offer are relevant to the appeal.
 (3) Before the appellant's summary of argument is filed, the parties must file a schedule that identifies any material in the appeal book that was not relied on at trial or was struck out. If there is disagreement, the parties must be able, at the start of the hearing, to direct the court to the relevant transcript.

13.21  Form of appeal book
 (1) The appeal book must have:
 (a) a title page stating:
 (i) the names of the parties to the appeal; and
 (ii) the court in which the order appealed from was made; and
 (iii) the address for service of each party; and
 (b) an index stating the documents included in the appeal book, and the date and page number of each document.
 (2) The appeal book must include a certificate signed by the person who prepared it, certifying that the book has been prepared in accordance with these Rules and the