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Part 2 · Overview

10. Appeals in applications (P. 2, r. 10)

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(1)

Appeals against the Court’s decision made in an application may be filed only if the law allows.

(2)

If any party appeals against the Court’s decision made in an application, the matter will proceed on appeal before the appropriate appellate Court.

(3)

The appellant has to file and serve a notice of appeal on all parties who have an interest in the appeal.

(4)

Where permission to appeal is required, the appellant has to apply to the lower Court or the appellate Court (as required by the relevant written law) for such permission and serve the application for permission on all parties who have an interest in the appeal.

(5)

If the lower Court (where applicable) does not grant permission to appeal, the party may apply to the appropriate appellate Court for such permission and serve the application on all parties who have an interest in the appeal.

(6)

If permission to appeal is granted, the appellant has to file and serve a notice of appeal on all parties who have an interest in the appeal.

(7)

Save for appeals filed under Divisions 2 and 4 of Part 12 of these Rules, the appellant has to provide security for the costs of the appeal of each respondent (or for the costs of the appeal of each set of the respondents where the respondents are represented by the same firm of solicitors).

(8)

The appeal will proceed before the appropriate appellate Court by way of rehearing on the documents filed or used by the parties before the lower Court.

(9)

The parties have to file and serve on all parties who have an interest in the appeal written submissions (including any bundle of authorities) on whether the lower Court’s decision should be set aside, affirmed or varied.

(10)

No document other than the parties’ written submissions (including any bundle of authorities) may be filed in the appeal without the approval of the appellate Court.

(11)

No further evidence may be admitted without the approval of the appellate Court.

Subregulation 1

Appeals against the Court’s decision made in an application may be filed only if the law allows.

Subregulation 2

If any party appeals against the Court’s decision made in an application, the matter will proceed on appeal before the appropriate appellate Court.

Subregulation 3

The appellant has to file and serve a notice of appeal on all parties who have an interest in the appeal.

Subregulation 4

Where permission to appeal is required, the appellant has to apply to the lower Court or the appellate Court (as required by the relevant written law) for such permission and serve the application for permission on all parties who have an interest in the appeal.

Subregulation 5

If the lower Court (where applicable) does not grant permission to appeal, the party may apply to the appropriate appellate Court for such permission and serve the application on all parties who have an interest in the appeal.

Subregulation 6

If permission to appeal is granted, the appellant has to file and serve a notice of appeal on all parties who have an interest in the appeal.

Subregulation 7

Save for appeals filed under Divisions 2 and 4 of Part 12 of these Rules, the appellant has to provide security for the costs of the appeal of each respondent (or for the costs of the appeal of each set of the respondents where the respondents are represented by the same firm of solicitors).

Subregulation 8

The appeal will proceed before the appropriate appellate Court by way of rehearing on the documents filed or used by the parties before the lower Court.

Subregulation 9

The parties have to file and serve on all parties who have an interest in the appeal written submissions (including any bundle of authorities) on whether the lower Court’s decision should be set aside, affirmed or varied.

Subregulation 10

No document other than the parties’ written submissions (including any bundle of authorities) may be filed in the appeal without the approval of the appellate Court.

Subregulation 11

No further evidence may be admitted without the approval of the appellate Court.

Report

Part 3

General Matters

Part 4

Parties to Proceedings and Causes of Action

Part 5

Amicable Resolution of Cases

Part 6

Non-Contentious Probate Proceedings

Part 7

Contentious Probate Proceedings

Part 8

Inheritance (Family Provision) Act 1966

Part 9

Legitimacy Act 1934

Part 10

Wills Act 1838

Part 11

Disability

Part 12

Appeals from Applications in Actions, Registrar’S Decisions and Trials of Originating Application by District Judge or Magistrate

Part 13

Appeals from Judgments and Orders After Trial

Part 14

Transfer of Proceedings

Part 15

Contempt of Court

Part 16

Costs

Part 17

Court Fees

Part 18

Lodgment in Court, Money in Registry and Payment to Bailiff

Schedules