Document ID: chunk:federal_register_of_legislation:F2024N01028:clause:1_91
Version: federal_register_of_legislation:F2024N01028
Segment Type: clause
Provision Reference: sch 1 cl 91
Character Range: 69806–72229

91  Lodgement of appeal documents
 (1) The appellant must, within 21 days after lodging the notice of appeal, lodge with the Tribunal and serve on the respondent or respondents an appeal brief.
 (2) For an appeal of a determination of the Tribunal, the appeal brief is to contain the following:
 (a) the facts supporting the grounds of appeal (that were set out in the notice of appeal);
 (b) an explanation as to how the appeal is permitted by the provision(s) of the anti-doping policy, constituent document, or separate agreement, as the case may be;
 (c) submissions as to why the appellant considers the Tribunal's decision to be incorrect;
 (d) a copy of the determination being appealed against;
 (e) where it exists, the transcript of the evidence and argument in the matter from which the appeal is brought, or the relevant extract from the transcript;
 (f) each document that was an exhibit or written submission in the matter from which the appeal is brought;
 (g) any additional evidence that the appellant intends to rely on in the appeal.
 (3) For an appeal of a decision or determination of a sporting body or sporting tribunal, the appeal brief is to:
 (a) address the matters mentioned in paragraphs (2)(a), (2)(b) and (2)(c); and
 (b) contain:
 (i) a copy of the decision or determination being appealed against; and
 (ii) where those documents exist—
 (A) the documents mentioned in paragraphs (2)(e) and (2)(f); and
 (B) any additional evidence that the appellant intends to rely on in the appeal.
 (4) Where the appellant does not comply with subsection (1), the Tribunal is to request the appellant to provide reasons as to why their appeal should not be suspended or terminated.
 (5) Where the Tribunal has requested the appellant to provide reasons as to why their appeal should not be terminated, and the appellant fails to provide adequate reasons or fails to respond at all, the Tribunal is to consider whether it should direct that the appeal be suspended or terminated.
         Note: Paragraph 36(4)(b) and subsection 36(5) of the Act respectively provide for the Tribunal to suspend or terminate an arbitration in the Appeals Division in the circumstances prescribed by the rules. Section 10 of the Rule relevantly enables the Tribunal to direct that an appeal be suspended or terminated where there is undue delay, without reasonable excuse, by the applicant in pursuing their application.