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Practice Note No. 65

REPEALED - Court of Appeal


Date:
02/08/1991



    PRACTICE NOTE NO 65

    COURT OF APPEAL


    Filing of written submissions, chronology and associated documents

    1 Where an appellant is required by a direction under Pt 51 r 26 to prepare written submissions, the appellant shall, with the appellant's written submissions -
        (a) file a statement in the form below setting out chronologically the principal events leading up to the litigation, together with appropriate references to the Appeal Book;
        (b) unless the Registrar otherwise directs, lodge four copies in the manner hereinafter provided; and
    (c) serve the statement on each other party to the appeal.

    2 Any other party to the appeal who regards the appellant's statement as inadequate or inaccurate shall -
    (a) file that party's own statement;
    (b) unless the Registrar otherwise directs, lodge four copies in the manner hereinafter provided; and
    (c) serve the statement on each other party to the appeal.

    APPELLANT'S (or RESPONDENT'S) CHRONOLOGY
    VOLUME
    DATE EVENT AND EXHIBIT PAGE

    22. 9.81 Arrangements in Wagga Vol 2 15
    between Smith and Co for
    financing of wheat purchases

    23.11.82 First request by Brown to Vol 2 58
    Smith and Co for drawdown
    to pay for wheat purchases

    30.11.82 Telex Smith and Co to Brown Vol 2 58-9
    re above. Exhibit 5 1027

    1.12.82 "Warehouse receipt" from Vol 2 33
    Jones to Smith and Co

    7.12.82 Telex Brown to Smith and Vol 2 60-1
    Co requesting drawdown to Exhibit 6 1028
    pay for further wheat

    6.1.83 Letter Jones to Smith and Vol 2 16
    Co concerning method of Exhibit 7 1029
    carrying outfinancial
    arrangements for barley

    7.1.83 Internal memorandum of Vol 2 143-4
    Smith and Co re meeting Exhibit 8 1031
    Allen in Wagga


    3 Written submissions and chronologies shall be signed by the barrister or solicitor who prepares them or, where they are not prepared by a barrister or solicitor, by or on behalf of the party on whose behalf they are signed, and -
    (a) the name of the signatory;
    (b) a telephone number at which the signatory can be contacted; and
        (c) if available, the signatory's facsimile number, shall be typed or printed in a neat and legible manner under his signature.

    4 A locked box labelled "Appeal Submissions" will be provided on the 12th level of the Law Courts Building and all original and copy -
    (a) written submissions;
    (b) chronologies;
    (c) lists of authorities;
    (d) narrative of facts;
    (e) supplementary submissions provided with the leave of the Court; and
    (f) other documents of an argumentative nature,
    shall be filed or lodged, as may be required, by placing them in this box. Evidence shall not be placed in the box.

    5 The box will be cleared daily by a person authorised by the President and the contents stamped with the date of receipt and distributed to the Judges assigned to the Appeal in question.

    6 Where -
        (a) a barrister or solicitor for a party who desires to file written submissions does not have an office within three kilometres of the General Post Office,Sydney;
    (b) leave of the Court has been given for filing
    documents referred to in paragraph 4 by facsimile;
    or in other cases of urgent necessity, documents referred to in paragraph 4 may be provided by facsimile directed to the Court of Appeal at (02) 235 1006.

    7 In apppeals raising apparently substantial challenges to findings of fact at first instance the Registrar will, in such cases as the Registrar considers appropriate, require each party to file with the written submissions and chronology a statement, in narrative form, setting out the facts that the party contends should have been found at first instance. Appeals where there are 2 or more Appeal Books including substantial evidence and factual material would normally be considered appropriate for application of the new practice.

    8 The object of this procedure is to -
        (a) reduce delays occurring between the filing and lodging of documents of the type referred to above and their receipt by the Judges of Appeal;
    (b) avoid disputes about date of receipt of those documents;
    (c) identify the legal representatives of the parties responsible for documents filed and their points of contact; and
        (d) to assist the Judges in understanding contentions regarding complex disputed facts.

    9 Practice Note No 32 ceases to have effect from today's date.


    A M GLEESON
    Chief Justice
    8 February 1991


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