Document ID: chunk:federal_register_of_legislation:F2024C00057:front:0:p50
Version: federal_register_of_legislation:F2024C00057
Segment Type: other
Provision Reference: 
Character Range: 117507–120310

order as may seem just.
42.16.2  The Court or a Justice may make an order under rule 42.16.1:
 (a) on application by a respondent on notice; or
 (b) of its own motion after notice has been given by the Registrar to the appellant.
42.16.3  An order under rule 42.16.1 (b) may be varied at any time before the appeal stands dismissed for want of prosecution and, in special circumstances, may be varied or revoked after that time.

42.17  Appeal without notice
  An appeal from the refusal by a Justice of an application made without notice to any other party shall be brought within the time and in the manner prescribed by Part 42, except that if there is no person interested in resisting the application, or affected by the relief sought, service of the notice of appeal and of other process or notices is not required.

Part 44—Written and oral submissions

44.01  Application and definitions
44.01.1  This Part applies to:
 (a) appeals; and
 (b) applications for leave or special leave to appeal referred to an enlarged Court for hearing as if on appeal.
44.01.2  In this Part:
appellant includes a moving party before the Full Court.
respondent includes a defendant or other party opposing before the Full Court.

44.02  Written submissions and further material—appellant
44.02.1  Unless otherwise directed by the Court or a Justice the appellant must, within 49 days after the grant of special leave or referral of an application to an enlarged Court:
 (a) file its written submissions, not exceeding 20 pages, and chronology; and
 (b) serve each document on the respondent and any intervener.
44.02.2  The appellant's written submissions must be in Form 27A.
44.02.3  The appellant's chronology must be in Form 27B.
44.02.4  If the appellant refers in its written submissions to any material before the lower court or the primary Judge or tribunal (including oral and documentary evidence) that is not reproduced in the core appeal book that counsel intends to refer to in oral submissions, the appellant must:
 (a) file, with its written submissions, an indexed book of the further material; and
 (b) serve, with its written submissions, the indexed book of the further material on the respondent and any intervener.

44.03  Written submissions and further material—respondent
44.03.1  Unless otherwise directed by the Court or a Justice, the respondent must, within 28 days after service of the appellant's written submissions:
 (a) file its written submissions, not exceeding 20 pages; and
 (b) serve the written submissions on the appellant and any intervener.
44.03.2  The respondent's submissions must address all submissions made by the appellant and by any interveners supporting the interests of the appellant.
44.03.3  The respondent's written submissions must be in Form 27D.
44.03.4