Document ID: chunk:federal_register_of_legislation:F2024C00482:reg:13:p19
Version: federal_register_of_legislation:F2024C00482
Segment Type: reg
Provision Reference: reg 13 (pt 19/48)
Character Range: 59023–61518

with rule 4.10.
Note 1: See section 30AB of the Act for whether leave to appeal is needed. If leave is not needed for any of the grounds of the appeal, see Division 4.2 of these Rules.
Note 2: See section 30AF of the Act for the time for filing a notice referred to in subrule (1) or (2).

4.02  Extension of time to seek leave to appeal
 (1) An application for an extension of time within which to file a notice referred to in subrule 4.01(1) or (2) must be filed in accordance with Form CP22.
 (2) The application may be filed during, or after the end of, the period within which the notice was required by subsection 30AF(2) of the Act to be filed.
 (3) The application must be accompanied by an affidavit stating:
 (a) briefly, but specifically, the facts that support the application; and
 (b) why the notice cannot be, or was not, filed in time.
 (4) The following must be attached to the affidavit:
 (a) the judgment or decision to which the application relates;
 (b) the reasons, if published, for the judgment or decision;
 (c) a draft notice of appeal that complies with rule 4.10.
Note 1: An application filed in accordance with Form CP22 will include an application for leave to appeal.
Note 2: The Court may grant an extension of time, and hear and determine the application for leave to appeal, at the same time.
Note 3: Section 30AE of the Act requires an application under rule 4.01 or 4.02 to be heard and determined by a single Judge, unless:
(a) a Judge directs that the application be heard and determined by a Full Court; or
(b) the application is made in a proceeding that has already been assigned to a Full Court, and the Full Court considers it appropriate to hear and determine the application.

4.03  Place of filing notice of application for leave to appeal etc.
  A notice referred to in subrule 4.01(1) or (2), or an application referred to in subrule 4.02(1), must be filed:
 (a) if the proposed appeal is from a judgment or decision in proceedings in the Court constituted by a single Judge—in the District Registry in the State or Territory where the proceedings were, or are being, heard; or
 (b) if the proposed appeal is from a judgment of a court of a State or Territory—in the District Registry in that State or Territory.
Note: When the notice or application is filed a Registrar will fix a day and place for a callover or hearing for directions, and the day and place will be endorsed on the notice or application.

4.04  Service of documents
 (1) A party