ACTIn ForceRegulation
Court Procedures Rules
5101Appeals to Supreme Court—requirements for notice of
Start here
Get a plain-English read of 5101
Turn the raw legal text into a practical explanation grounded in Court Procedures Rules.
5101 Appeals to Supreme Court—requirements for notice of
appeal etc
(1) The notice of appeal to the Supreme Court must state—
(a) the court or tribunal’s name; and
(b) the order of the court or tribunal appealed from and the date of
the order; and
(c) whether the appeal is from all or part of the order; and
(d) if the appeal is from part of the order—the part appealed from;
and
(e) whether the appellant will seek to put further evidence before
(f) if further evidence is to be put before the court—briefly the
nature of the evidence and what is sought to be proved; and
(g) briefly, but specifically, the grounds relied on in support of the
claimed that there is an error of law in the order of the court or
tribunal; and
(h) the order sought.
Rule 5101
(2) If the appeal is brought by leave of the Supreme Court—
(a) the notice of appeal must state—
(i) that the appeal is brought by leave; and
(ii) the date of the court order giving leave; and
(b) a sealed copy of the order giving leave to appeal must
accompany the notice of appeal and every copy of the notice of
appeal served under rule 5107 (Appeals to Supreme Court—
serving notice of appeal).
(3) If the appellant wants to present the appellant’s case in writing under
part 5.8 (Written cases), the notice of appeal must state that the
appellant wants to do so.
(4) If there is a respondent to the appeal, the notice of appeal must include
an instruction that before taking any other step in the proceeding the
respondent must file in the Supreme Court a notice of intention to
respond (unless the respondent filed a notice of intention to respond
to an application for leave to appeal, or for leave to appeal out of time,
in the proceeding, and the information provided in the notice has not
changed).
(5) On the hearing of the appeal, the appellant must not, without the
Supreme Court’s leave—
(a) raise any question that is not stated in the notice of appeal; or
(b) rely on any ground in support of the judgment sought that is not
stated in the notice of appeal.
Rule 5102