Conduct of appeals and applications
All appeals and other matters before the Court of Appeal shall be prepared for hearing or determination and heard and determined in a manner which is just, expeditious and likely to minimise the costs of the proceedings.
The Registrar may from time to time make such inquiries and seek such reports or information of the parties as he considers appropriate or as are directed by the Court of Appeal concerning the progress of any appeal and may:
- where he considers that the requirements of this rule are not being complied with, or
- where a time limit imposed by this Order has not been complied with,
list the matter before the Court of Appeal.
Notwithstanding any other provision of this Order, the Court of Appeal may at any time direct the lodgment and service of written submissions on an appeal or on any issue or motion in any appeal.
Directions and time limits
The Court of Appeal may at any time and from time to time:
- of its own motion and having heard the parties, or
- on the application of a party by motion on notice to the other party or parties,
give such directions and make such orders for the conduct of proceedings before the Court of Appeal, as appear convenient for the determination of the proceedings in a manner which is just, expeditious and likely to minimise the costs of those proceedings.
Without limiting the above the Court of Appeal may give directions and make orders fixing time limits or extending or shortening any time limit set by the Rules (unless to do so would be contrary to any provision of statute). An application for an extension of time may be made after the time limit has expired.
Where a document is presented for lodgment late, the Registrar may accept the document for lodgment with the written consent of every other party concerned.
Where a document (other than a notice of appeal or notice of expedited appeal) is presented for lodgment late, the Registrar may accept the document for lodgment without prejudice to the right of any party concerned to object to the late lodgment.
A document for use in proceedings in the Court of Appeal may be served by any of the following methods-
- personal service,
- registered post,
- electronic means where the person to be served has consented to service by such means or a statutory practice direction so permits and
- save in the case of a notice of appeal, any other method permitted by Order 121 (and where any such method is used, the provisions of Order 121 apply).
Where, having made such inquiries, if any, as he considers appropriate, the Registrar is not satisfied as to the sufficiency of the service effected in any case, the Registrar may direct service by another method or may direct the giving of notice of the application or appeal by another means.
An affidavit of service shall include details of the persons served, the method of service used and shall state the date on which the document was served personally, posted, delivered to the document exchange or sent electronically, as the case may be.
Service on a party by a means which has been agreed by or among parties in the proceedings in the court below or which has been directed by the court below is, until the contrary is shown, deemed to be sufficient service.
Unless otherwise provided in statute or this Order, where the Registrar is required to notify any person of a matter, the notification may be in such form and may be given in such manner as the Registrar considers appropriate.
Lodgment of documents
Subject to the provisions of this Order, a document may be lodged in the Office by any of the following methods-
- any method permitted by Order 117A (and where any such method is used, the provisions of Order 117A apply);
- where permitted by a statutory practice direction, by electronic means in accordance with the relevant statutory practice direction.
Unless otherwise directed, the appellant shall lodge in the Office not later than four days before the date fixed for the directions hearing an indexed and paginated directions booklet for the use of the Court of Appeal, comprising copies of:
- the judgment and/or order appealed from;
- the notice of expedited appeal, or notice of appeal, as the case may be;
- every respondent’s notice delivered, and
- any other document in the appeal to which any party proposes to refer at the directions hearing.
The directions hearing shall be attended by the solicitor responsible for the conduct of the appeal and by a counsel instructed in the appeal, if such be the case. Where a party, not being a body corporate, is not represented by counsel or a solicitor, the directions hearing shall be attended by the party himself. Where the Court of Appeal considers it necessary or desirable, it may direct that a party, or, where the party is a body corporate, the proper officer of that party, attend the directions hearing, notwithstanding the fact that the party may be represented by counsel or a solicitor.
Each counsel and solicitor attending the directions hearing shall ensure that he is sufficiently familiar with the proceedings, and has authority from the party he represents to deal with any matters that are likely to be dealt with at the directions hearing.
The Court of Appeal may, at the directions hearing, give any of the following directions:
- fixing any issues to be determined in the appeal;
- for the consolidation of the appeal with another appeal or matter pending in the Court of Appeal;
- for the defining of issues by the parties, or any of them, including the exchange between the parties of memoranda for the purpose of clarifying issues;
- allowing any party to alter or amend his notice, or allowing amendment of a statement of issues;
- requiring the filing of lists of documents, either generally or with respect to specific matters;
- providing for the exchange of documents or information between the parties, or for the transmission by the parties to the Registrar of documents or information electronically on such terms and subject to such conditions and exceptions as the Court of Appeal may direct;
- providing for the documents to be included in the appeal booklet to be filed in accordance with rule 17;
- fixing the times at which written submissions on the appeal, or on an issue in the appeal, identifying and addressing the issues arising in the appeal, are to be delivered and filed by each party to the appeal, and such written submissions shall be filed electronically where directed by the Registrar.
Where the directions hearing is adjourned, the appellant shall, where necessary, lodge in the Office not later than four days before the date to which the directions hearing is adjourned an updated directions booklet for the use of the Court of Appeal.
At the directions hearing:
- in the case of an ordinary appeal, the Court of Appeal may, or
- in the case of an expedited appeal, the Court of Appeal shall, unless for special reason it considers that it is not possible to do so,
fix a date and allocate a time for the hearing of the appeal.
Appeal booklet and papers
Subject to any statutory practice direction and the terms of any order made at the directions hearing, the appellant shall, not later than 14 days before the date fixed for the hearing of the appeal, lodge with the Registrar in triplicate and serve on each respondent affected by the appeal an indexed and paginated appeal book (in this Part called the “appeal booklet”) comprising:
- a copy of the notice of expedited appeal or notice of appeal, as the case may be;
- a copy of the respondent’s notice;
- where the appeal is in proceedings commenced by plenary summons, copies of the summons, any statement of claim, and defence and any requests for and replies to particulars, in chronological sequence;
- where the appeal is in any other proceedings, copies of the originating document and any document in the nature of a defence or statement of opposition;
- copies of each affidavit (including all exhibits) relied on or opened in the court below at the hearing at or following which the decision appealed from was made, set out in chronological sequence;
- an attested copy of the order of the court below from which the appeal is made and attested copies of any further or other order of the court below relevant to the appeal;
- where a written judgment was given in the court below containing the decision appealed from, an attested copy of the written judgment approved by the court below;
- where a written judgment has not been given in the court below, a transcript of any oral judgment of the court below concerning the matter appealed from, certified as accurate by the person responsible for preparing the transcript and authenticated by the Judge of the court below;
- where, and then only to the extent, necessary for the proper determination of the appeal, a transcript of
- any ruling or direction of the Judge in the court below concerning the matter appealed from and
- the extracts from the record of the proceedings in the court below containing any oral evidence received in the court below relevant to the appeal, certified as accurate by the transcript writer;
- the written submissions, identifying and addressing the issues arising in the appeal, of each party, and
- copies of the documents relied on by each party as specified in the notice of appeal and the respondent’s notice respectively, provided that where an extract only of any document, including any transcript is relied on, it shall be sufficient to include only such extract.
The appellant shall lodge with the appeal booklet a single copy of the entire transcript of the evidence given in the court below. The transcript shall be lodged electronically where directed by the Registrar.
The appellant shall hand into court at the hearing of the appeal three copies of an agreed indexed book of the authorities relied on by all of the parties.
Further directions hearing
The Registrar may at any time list an appeal or expedited appeal before the Court of Appeal on notice to the parties for the giving of such directions or the making of such orders for the conduct of the proceedings as the Court of Appeal considers appropriate in the circumstances.
Determination of appeals by settlement, abandonment, etc
When an appeal has been settled or compromised, every party who has joined in the settlement or compromise shall notify the Registrar in writing.
Where a party notifies the Registrar in writing that no issue as to the costs of the appeal remains outstanding and no requirement arises for an order to be made by the Court of Appeal, and produces to the Registrar a letter from each other party concerned confirming this, the appeal shall be deemed to be determined without further order.
Where a party notifies each other party concerned and the Registrar in writing of his intention to withdraw or concede the appeal:
- the proceedings may, on the application of a party or at the direction of the Registrar, be listed before the Court of Appeal, on notice to the other parties, to enable the making of any necessary consequential order, and
- the Registrar may notify the proper officer of the court below and any other person he considers necessary of the determination of the appeal.
Additional interest allowed without special order
On an appeal to the Court of Appeal, interest for such time as execution has been delayed by the appeal is deemed to be allowed, unless the Court of Appeal otherwise orders, and the Taxing Master or other proper officer may compute the additional amount of interest without any order for that purpose.