Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p117
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 117/154)
Character Range: 496448–498955

the hearing be adjourned; or
 (iii) the hearing proceed only if specified steps are taken.
 (2) If a hearing proceeds in a party's absence and during or at the conclusion of the hearing an order is made, the party who was absent may apply to the Court for an order:
 (a) setting aside or varying the order; and
 (b) for the further conduct of the proceeding.
Rules 35.34 – 35.40 left blank

Division 35.4—Revocation of leave to appeal

35.41  Revocation or variation of grant of leave
 (1) If the Court grants leave to appeal, a respondent may apply to the Full Court for an order:
 (a) revoking the leave to appeal, wholly or in part; or
 (b) imposing conditions on the leave to appeal; or
 (c) varying any conditions of the leave to appeal.
 (2) If the appeal is from a proceeding in the Federal Circuit and Family Court of Australia (Division 2), the respondent may seek the orders in subrule (1) from a single Judge.

Part 36—Appeals

Division 36.1—Institution of appeals

36.01  Form of notice of appeal
 (1) A party who wants to appeal to the Court must file a notice of appeal in accordance with:
 (a) for an appeal from the Federal Circuit and Family Court of Australia (Division 2)—Form 121; or
 (b) for an appeal from any other court—Form 122; or
 (c) for an appeal from a single Judge of the Court—Form 122.
 (2) The notice of appeal must state:
 (a) whether the whole judgment or all of the orders, or only part of the judgment or some of the orders, are appealed from; and
 (b) if only part of the judgment, or some of the orders, is appealed from—the part of the judgment or the particular orders appealed from; and
 (c) briefly but specifically, the grounds relied on in support of the appeal; and
 (d) the judgment or orders the appellant wants instead of the judgment or orders appealed from.
 (3) If an appeal is brought by leave of the Court:
 (a) the notice of appeal must include a statement to that effect; and
 (b) a copy of the order giving leave must be attached to the notice of appeal.
 (4) The notice of appeal must include the appellant's address for service.
Note 1: A lawyer may file a notice of appeal starting migration litigation only if the notice includes or is accompanied by a certificate under section 486I of the Migration Act 1958, signed by 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