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Court Procedures Rules
5102Appeals to Supreme Court—parties to appeal
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5102 Appeals to Supreme Court—parties to appeal
(1) A person must be included as a respondent to the appeal if the
(a) appeared or was given leave to appear before the court or
tribunal in the proceeding in which the order appealed from was
made (the original proceeding); and
(b) would be directly affected by the order sought by the notice of
appeal, or is interested in maintaining the order appealed from.
(2) If the order appealed from is an order of a tribunal other than the
ACAT, the tribunal must be included as a respondent to the appeal.
(3) If an unincorporated organisation or association appeared or was
given leave to appear before the court or tribunal in the original
(a) a reference in subrule (1) to a person is a reference to someone
acting (other than as a legal practitioner) for the organisation or
association; and
(b) subrule (1) (b) is taken to require that the interests of the
organisation or association, found out from its objects or
purposes, would be directly affected by the order sought by the
notice of appeal or by the maintenance of the order appealed
(4) The Supreme Court may order that—
(a) a person (whether or not a party to the original proceeding) be
included or removed as a party to the appeal; or
(b) a person directly affected by the appeal be included or
substituted as a party.
Rule 5103
(5) However, a person may be made an appellant only with the person’s
(6) If the Supreme Court orders the inclusion or substitution of someone
as a party to the appeal, it may adjourn the hearing of the appeal and
make any order it considers appropriate about the conduct of the