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Part 4 · Review of Earlier Decision of Appellate Court

12. Hearing of review application

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Amended

Last amended by an amending law of 2024. 2 amendments in all.

(1)

For the purposes of section 394I(1) of the Code, where the appellate court grants permission to make a review application, the review application must be made to the appellate court within 3 days after the date on which the permission is granted.

(2)

For the purposes of section 394I(1) of the Code, a review application must be fixed for hearing within 21 days after the date on which the review application is made.

(3)

For the purposes of section 394I(2) of the Code, the applicant in a review application must —

(a)

file any affidavit in support of the review application at the same time as the filing of the review application; and

(b)

file written submissions in support of the review application within 3 days after the date on which the review application is made.

(4)

The applicant in a review application must serve that application, and any affidavit in support of that application, on the respondent in that application within the day on which that application is made.

(5)

For the purposes of section 394I(3) of the Code, the respondent in a review application must file written submissions in relation to the review application within 3 days after the date on which the review application is made and served on the respondent.

(6)

The respondent in a review application may file, within 3 days after the date on which the review application is made and served on the respondent, an affidavit in support of the written submissions mentioned in paragraph (5).

(6A)

The written submissions mentioned in paragraphs (3)(b) and (5) are subject to a page limit of 35 pages (including any cover page and contents page), unless the appellate court otherwise allows.

(6B)

The appellate court may allow the page limit mentioned in paragraph (6A) to be exceeded in special circumstances.

(7)

The parties to a review application must exchange their written submissions within 3 days after the date on which that application is made.

Subregulation 1

For the purposes of section 394I(1) of the Code, where the appellate court grants permission to make a review application, the review application must be made to the appellate court within 3 days after the date on which the permission is granted.

Subregulation 2

For the purposes of section 394I(1) of the Code, a review application must be fixed for hearing within 21 days after the date on which the review application is made.

Subregulation 3

For the purposes of section 394I(2) of the Code, the applicant in a review application must —

(a)

file any affidavit in support of the review application at the same time as the filing of the review application; and

(b)

file written submissions in support of the review application within 3 days after the date on which the review application is made.

Subregulation 4

The applicant in a review application must serve that application, and any affidavit in support of that application, on the respondent in that application within the day on which that application is made.

Subregulation 5

For the purposes of section 394I(3) of the Code, the respondent in a review application must file written submissions in relation to the review application within 3 days after the date on which the review application is made and served on the respondent.

Subregulation 6

The respondent in a review application may file, within 3 days after the date on which the review application is made and served on the respondent, an affidavit in support of the written submissions mentioned in paragraph (5).

Subregulation 6A

The written submissions mentioned in paragraphs (3)(b) and (5) are subject to a page limit of 35 pages (including any cover page and contents page), unless the appellate court otherwise allows.

Subregulation 6B

The appellate court may allow the page limit mentioned in paragraph (6A) to be exceeded in special circumstances.

Subregulation 7

The parties to a review application must exchange their written submissions within 3 days after the date on which that application is made.

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