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Practice Note No. 42

REPEALED - Court of Appeal


                  PRACTICE NOTE NO. 42

    1. This Practice Note will take effect on and from Monday 31 August 1987.

    2. An application by summons, notice of motion or otherwise, will be listed in the Motion List before a Judge of Appeal on a motion day, a Monday unless otherwise ordered, at 9.45 am.

    3. Where a legal representative is aware that a matter will be adjourned, settled or otherwise not proceed on the motion day, the representative shall inform the Registrar or the President's Associate by 4.00 pm on the preceding Friday.The Registrar's telephone number is 9230 8077. The Associate's telephone number is 9230 8575.

    4. A party shall, before 9.45 am on the motion day, mark on the list at the Bar table "S", if the matter is estimated to be a short list matter (that is to say, a matter which may be disposed of within twenty minutes), or %S" (not short). If either party marks "NS", the matter will be treated as not short.

    5. Short minutes of orders sought shall be handed up in proper cases, for example, where a matter is settled but not, for example, for a simple adjournment.

    6. The Judge of Appeal will deal with –
    (a) consent orders;
    (b) applications for adjournment;
    (c) directions and orders concerning the institution of an appeal or other proceedings in the Court of Appeal;
    (d) applications for expedition of, or to vacate the day fixed for, the hearing of an appeal or other proceedings in the Court of Appeal;
    (e) anything else which may be dealt with by a Judge of Appeal; see s 46(1), (2) and (3) of the Supreme Court Act 1970 and Pt 61, r 4.

    7. After the Judge identifies as short or not short matters not dealt with by the Judge, the Judge shall retire and the Court of Appeal will be convened.

    8. The Court of Appeal will deal with the remaining matters.

    9. Matters not reached on a motion day will be entitled to priority on the next motion day.

    10. Where this Practice Note is not complied with a matter may be dealt with at the end of the List.

    11. This Practice Note applies subject to any order of the Court.

                            Chief Justice

    19 August 1987

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