Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p118
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 118/154)
Character Range: 498731–501226

the lawyer.
Note 2: For migration litigation, lawyer has the meaning given by section 5 of the Migration Act 1958.
Note 3: The notice of appeal will include a note that before taking any step in the proceeding the respondent must file a notice of address for service.
Note 4: The appellate jurisdiction of the Court will be exercised by the Full Court—see section 25(1) of the Act. However:
(a) if the appeal is from a judgment of the Federal Circuit and Family Court of Australia (Division 2), the appellate jurisdiction will be exercised by a single Judge or if a Judge considers it appropriate that the appellate jurisdiction of the Court in relation to the appeal be exercised by the Full Court, the Full Court (see section 25(1AA) of the Act); or
(b) if the appeal is from a court of summary jurisdiction, the jurisdiction is to be exercised by a single Judge or, if a Judge considers it appropriate that the appellate jurisdiction of the Court in relation to the appeal be exercised by the Full Court, the Full Court (see section 25(5) of the Act).
Note 5: A respondent may, within 14 days of being served with the notice of appeal, object to the competency of the appeal—see rule 36.72.

36.02  Filing of notice of appeal
  A notice of appeal must be filed:
 (a) if the appeal is from a single Judge of the Court—in the District Registry in the State or Territory where the proceeding was last heard before the judgment was pronounced or the order was made; or
 (b) if the appeal is from a judgment of a court of a State or Territory—in the District Registry in that State or Territory; or
 (c) if the appeal is from a judgment of the Federal Circuit and Family Court of Australia (Division 2)—in the District Registry in the State or Territory where the proceeding was last heard before the judgment was pronounced or the order was made; or
 (d) in any other case—in the appropriate District Registry.
Note: When the notice of appeal is filed:
(a) if it is not an appeal brought under the Migration Act 1958, Division 36.5 applies and a Registrar will fix a date and place for a callover or directions hearing and the date and place will be endorsed on the notice of appeal; or
(b) if it is an appeal brought under the Migration Act 1958, the notice of appeal will be considered by a Registrar in Chambers and directions made.

36.03  Time for filing and serving notice of appeal
  An appellant must file a notice of appeal:
 (a) within 28 days after:
 (i) the date on which the judgment