ACTIn ForceRegulation
Court Procedures Rules
5017Appeals from registrar—stay and reinstatement
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5017 Appeals from registrar—stay and reinstatement
(1) An appeal to the court from a decision of the registrar in a civil
proceeding does not operate as a stay of the decision appealed from
unless a stay of the decision is ordered by the registrar or the court.
or for an order under this rule.
(2) An application for a stay of the decision may be made by a party to
the appeal.
Appeals from registrar Part 5.2
Rule 5017
(3) In an urgent case, the application may be made without serving it on
anyone.
(4) If the application is made without serving it on anyone, the
application must be accompanied by an affidavit setting out the
grounds relied on in support of the claim of urgency.
(5) If the decision appealed from is stayed by the registrar or the court,
the registrar or the court may make any order that the registrar or the
court considers necessary or desirable to give effect to the stay.
(6) The court may, by order, amend or set aside an order for a stay
(including an order made by the registrar).
(7) An application for an order of the court under subrule (1) may be
made whether or not a similar application has been made to the
(8) If any step has been taken for the enforcement of a decision and the
court amends or sets aside the decision on appeal under this part, the
court may make the orders for reinstatement it considers appropriate.
Rule 5050
Note to pt 5.3
For appeals to Court of Appeal, see pt 5.4, for orders to review Magistrates Court
decisions, see pt 5.5 and for reference appeals, see pt 5.6.