ACTIn ForceRegulation
Court Procedures Rules
5193Further evidence on appeal to Supreme Court—
Start here
Get a plain-English read of 5193
Turn the raw legal text into a practical explanation grounded in Court Procedures Rules.
5193 Further evidence on appeal to Supreme Court—
Magistrates Court Act 1930, s 214
(1) This rule applies to an application to the Supreme Court to receive
evidence mentioned in the Magistrates Court Act 1930,
section 214 (3) and (4) in an appeal mentioned in that section.
Note Pt 6.2 (Applications in proceedings) applies to the application and an
application for an order under this rule.
(2) The application must be supported by an affidavit stating—
(a) the grounds of the application; and
(b) any evidence necessary to establish the grounds of the
(c) the evidence that the applicant wants the Supreme Court to
receive.
(3) Not later than 21 days before the day set for the hearing of the appeal,
the applicant must file the affidavit in the Supreme Court and serve a
stamped copy on the other party to the appeal.
(4) Unless the Supreme Court otherwise orders, the evidence of the other
party to the appeal must be given by affidavit.
Rule 5194
(5) Not later than 14 days before the day set for the hearing of the appeal,
the other party to the appeal must file the affidavit in the Supreme
Court and serve a stamped copy on the applicant.