Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p113
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 113/154)
Character Range: 486837–489549

details on the originating application.

34.164  Copy of application to be given to Commission
  At least 5 days before the return date fixed for the hearing of the proceeding, the applicant must give the Commission:
 (a) a stamped copy of the application; and
 (b) a copy of the accompanying documents.

34.165  Address for service
  A respondent must file a notice of address for service in accordance with rule 11.07.

34.166  Appearance by special‑purpose Commissioner
  If the Court grants leave to a special‑purpose Commissioner to assist the Court in a proceeding, the special‑purpose Commissioner must:
 (a) file an address for service in accordance with rule 11.07; and
 (b) serve a stamped copy of the address for service on each party to the proceeding in accordance with rule 11.08.

34.167  Conduct of proceeding by litigation representative
  Rule 9.66(3) does not apply to a proceeding under this Division.

Chapter 4—Appellate jurisdiction

Part 35—Leave to appeal

Division 35.1—Oral applications for leave to appeal from interlocutory judgments of the Court

35.01  Oral application for leave to appeal
  A party may apply orally for leave to appeal from an interlocutory judgment or order of the Court:
 (a) at the time of the pronouncement of the judgment or the making of the order; and
 (b) to the Judge who pronounced the judgment or made the order.
Rules 35.02 – 35.10 left blank

Division 35.2—Written applications for leave to appeal

35.11  Application of Division
  A party may apply to the Court under this Division for leave to appeal if:
 (a) an Act gives the party a right of appeal to the Court subject to the party obtaining leave to appeal; and
 (b) the party has not made an oral application for leave to appeal from an interlocutory judgment or order of the Court.
Note: Applications for leave to appeal to the Court may be heard and determined by a single Judge, unless:
(a) a Judge directs otherwise; or
(b) the application is made in an appeal already assigned to a Full Court and the Full Court considers it appropriate for it to hear and determine the application—see section 25(2) of the Act.

35.12  Form of application
 (1) A person who wants to apply for leave to appeal must file an application, in accordance with Form 117.
 (2) The application must be accompanied by the following:
 (a) the judgment or order from which leave to appeal is brought;
 (b) the reasons, if published, for the judgment or order;
 (c) an affidavit stating the facts that support the application;
 (d) a draft notice of appeal that complies with rules 36.01(1) and (2); and
 (e) if the applicant wants to have the application considered without oral argument—a statement to that effect.