Document ID: chunk:federal_register_of_legislation:F2024C00417:reg:5:p37
Version: federal_register_of_legislation:F2024C00417
Segment Type: reg
Provision Reference: reg 5 (pt 37/53)
Character Range: 446103–448752

to in paragraph (1)(b).

Part 13.7—Applications in relation to appeals

Division 13.7.1—How to make an application

13.35  Application of Part 13.7
  This Part applies if a party seeks to make an application in relation to an appeal (other than an application for leave to appeal).

13.36  Application in relation to appeal
  A party may make an application in relation to an appeal by filing an Application in an Appeal together with an affidavit stating the facts relied on in support of the application.

13.37  Hearing date for application
  On the filing of an Application in an Appeal, the Appeal Judicial Registrar must:
 (a) fix a date for a hearing of the application; or
 (b) refer the application to a Judge in chambers if:
 (i) the parties to the application consent to the making of the decision in the absence of the parties without an oral hearing and the court considers it appropriate to make the decision in the absence of the parties without an oral hearing (see Part 5.3); or
 (ii) the Appeal Judicial Registrar considers it appropriate.

13.38  Decision in the absence of parties without oral hearing
 (1) Part 5.3 applies to an application in relation to an appeal as if a reference in that Part to an application for an interlocutory order were a reference to an application in relation to an appeal.
 (2) If an application is referred to a Judge in chambers in accordance with paragraph 13.37(b), the Judge may:
 (a) order that the application be dealt with by the court in the absence of the parties without an oral hearing and:
 (i) make procedural orders in relation to the conduct of the application, including the filing of written submissions; or
 (ii) determine the application; or
 (b) direct that a date for hearing be fixed for the application and require the parties to attend.
Note 1: Subsection 32(7) of the Federal Circuit and Family Court Act provides for these Rules to permit the court to determine some applications relating to an appeal without an oral hearing. The court may decide to deal with an application without an oral hearing on its own initiative or on application.
Note 2: For the requirements for withdrawing or discontinuing an application, see Part 10.1.

Division 13.7.2—Specific applications relating to appeals

13.39  Further evidence on appeal
 (1) A party to an appeal (other than an appeal that is a hearing de novo) who seeks to apply for an order that the court receive further evidence on the hearing of the appeal must file the application at least 14 days before the date of commencement of the sittings in which the appeal is listed for hearing.
 (2) The affidavit filed with the