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Part 2 · Simplified Proceedings

45. Appellant’s case

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Amended

Last amended by an amending law of 2022.

(1)

Where the appellant desires to proceed with the appeal, the appellant must —

(a)

file with the Registrar the appellant’s case in the appropriate Form; and

(b)

serve a copy of the appellant’s case on every party or person required to be served the notice of appeal under rule 41(2).

(2)

The appellant’s case must —

(a)

be signed by the appellant; and

(b)

contain concisely and under distinct heads, without argument or narrative, particulars of the matters in which the Protection from Harassment Court is alleged to have erred, such particulars to be numbered consecutively.

(3)

The appellant must, at the time of filing the appellant’s case, pay the applicable fee.

(4)

Except with the permission of the General Division of the High Court, the appellant may rely at the hearing of the appeal only on the grounds of appeal set out in the appellant’s case.

(5)

The appellant’s case must be filed and served —

(a)

within 21 days after the Registrar serves on the appellant a notice under rule 44(2) that a copy of the record of proceedings is available; or

(b)

such longer period as the General Division of the High Court may allow on the appellant’s application.

(6)

If the appellant’s case is not filed within the time required under paragraph (5), the appeal is deemed to have been withdrawn.

Subregulation 1

Where the appellant desires to proceed with the appeal, the appellant must —

(a)

file with the Registrar the appellant’s case in the appropriate Form; and

(b)

serve a copy of the appellant’s case on every party or person required to be served the notice of appeal under rule 41(2).

Subregulation 2

The appellant’s case must —

(a)

be signed by the appellant; and

(b)

contain concisely and under distinct heads, without argument or narrative, particulars of the matters in which the Protection from Harassment Court is alleged to have erred, such particulars to be numbered consecutively.

Subregulation 3

The appellant must, at the time of filing the appellant’s case, pay the applicable fee.

Subregulation 4

Except with the permission of the General Division of the High Court, the appellant may rely at the hearing of the appeal only on the grounds of appeal set out in the appellant’s case.

Subregulation 5

The appellant’s case must be filed and served —

(a)

within 21 days after the Registrar serves on the appellant a notice under rule 44(2) that a copy of the record of proceedings is available; or

(b)

such longer period as the General Division of the High Court may allow on the appellant’s application.

Subregulation 6

If the appellant’s case is not filed within the time required under paragraph (5), the appeal is deemed to have been withdrawn.

Report

Part 3

Standard Proceedings

Part 4

Mandatory Treatment Order

Part 5

General Provisions Applicable to Protection from Harassment Proceedings

Part 6

Permission to Commence Proceedings Under Section 16I of Act

Part 7

Transfer of Proceedings Under Section 16J of Act

Part 8

General

Schedules