19AWithdrawal of appeal

19A Withdrawal of appeal (1) An appellant may, at any time, file in the Regional Appeal Registry, and serve, a notice of withdrawal of an appeal in accordance with Form 42B. (2) On the filing of a notice, the appeal to which the notice relates is taken to be abandoned. (3) The filing of a notice does not affect any other appellant in the appeal. (4) An appellant filing a notice must pay the costs of each other party occasioned by the appeal, unless otherwise fixed or ordered by the court. 20 Application for certificate to appeal to High Court (1) An application for a certificate referred to in paragraph 95 (b) of the Act shall, unless the court making the relevant decree orders otherwise, be filed in the Regional Appeal Registry: (a) not later than 21 days after the day on which the decree was made; or (2) Not later than 7 days after filing the application, the applicant must serve, in accordance with Order 18, a sealed copy of the application on each other party to the proceedings in which the relevant decree was made. 21 Case stated (1) A party to proceedings under the Act, the Assessment Act or the Registration Act who wishes to have a question of law arising in the proceedings determined under that Act by a Full Court shall: (a) confer with each other party to the proceedings to try to reach agreement as to the terms of a draft special case; (b) prepare a draft special case; (c) make an appointment to have the draft special case settled before the Judge hearing the proceedings; and (d) serve a copy of the draft special case and notice of the appointment on each other party to the proceedings and on any other person as a Judge of a Family court may direct. (2) A party to proceedings who has been served with a copy of a draft special case shall at once, in writing, notify the party who prepared it of any objection to its terms and shall serve on that party a draft of any amendments which the party who has been served with a copy will seek to have made when the draft special case is settled by the Judge hearing the proceedings. (3) The Judge hearing proceedings in which a question of law has arisen shall settle the draft special case. (4) A special case must state concisely the facts and the question of law that has arisen. (5) A party to proceedings who prepares a draft special case shall, not later than 3 days after it has been settled, lodge a copy of the special case, as settled, for signature by the Judge hearing the proceedings. (6) A party to proceedings who prepares a draft special case shall, not later than 7 days after a copy of the special case has been signed by the Judge hearing the proceedings: (a) file 5 copies of the special case in the Regional Appeal Registry; and (b) serve 2 copies on each other party to the proceedings and on any other person as the Judge may direct. (7) Where copies of a special case have been filed, the Regional Appeal Registrar shall, subject to any directions from the Chief Judge, fix a day and place for the hearing of the special case and shall notify the parties in writing accordingly. (8) A summary of the arguments to be presented and a list of the authorities to be relied on at the hearing of a special case must be filed and served: (a) by the party who prepares the draft special case — at least 14 days before the commencement of the sittings at which the special case is listed for hearing; and (b) by each other party — at least 7 days before the commencement of the sittings at which the special case is listed for hearing; and (c) by a child’s representative (if any) — at least 3 days before the commencement of the sittings at which the special case is listed for hearing. 22 Application to court (1) This rule applies to an application in relation to an appeal, including an application under subsection 94 (2D) or 94AAA (10) of the Act, subsection 102 (8) or 102A (9) of the Assessment Act or subsection 107 (7) or 107A (9) of the Registration Act. (2) An application to the court in relation to an appeal may be instituted: (a) by filing in the Regional Appeal Registry an application in accordance with Form 42A with an affidavit in support and 2 copies of the application and affidavit; or (b) by sending to the Regional Appeal Registry, by fax or e‑mail, a copy of the application and affidavit in support. (3) If a copy of an application and affidavit in support is sent by fax or e-mail: (a) the sender must comply with subrule 2 (2), and subrule 2 (3) or (4), as appropriate, as if the application and affidavit in support were a notice of appeal; and (b) subrule 2 (5) (except the note) applies to the application and affidavit in support in the same way as it applies to a notice of appeal. 23 Hearing an application (1) This rule applies to an application under: (a) subsection 94 (2B), 94 (2D), 94AAA (8) or 94AAA (10) of the Act; or (b) subsection 102 (6), 102 (8), 102A (7) or 102A (9) of the Assessment Act; or (c) subsection 107 (5), 107 (7), 107A (7) or 107A (9) of the Registration Act. (2) An application must be listed before: (a) the Full Court; or (b) a Judge of the Appeal Division (or, if a Judge of the Appeal Division is not reasonably available, another Judge). (3) On hearing the application, the Judge may make any appropriate directions and determine the application. 24 Withdrawal of application (1) An applicant may, at any time, file in the Regional Appeal Registry a notice of withdrawal of an application to the court in accordance with Form 42B. (2) On the filing of a notice, the proceedings to which the notice relates are taken to be abandoned. (3) The filing of a notice does not affect any other applicant in the proceedings. (4) An applicant who files a notice must pay the costs of each other party occasioned by the application, unless otherwise ordered by a Judge. Order 32A Applications for leave to appeal to Full Court 1A Application of Order 32A This Order applies to an application for leave to appeal to be determined by the Full Court. > application includes: (a) an application under subsection 94AA (1) of the Act for leave to appeal from a prescribed decree of a court other than the Federal Magistrates Court; or (b) an application under subsection 94AA (2A) of the Act for leave to appeal from a prescribed decree of the Federal Magistrates Court; or (c) an application for leave to appeal under subsection 102 (1) or (2) or 102A (1) of the Assessment Act or subsection 107 (1) or (1A) or 107A (1) of the Registration Act. > Note Regulation 15A of the Family Law Regulations 1984 sets out which decrees are prescribed decrees for the purposes of subsections 94AA (1) and (2A) of the Act. > Regional Appeal Registry has the same meaning as in Order 32. 2 Institution of applications (1) A person may institute an application: (i) an application in accordance with Form 67; and (ii) 2 copies of the application; or (b) by sending to the Regional Appeal Registry, by fax or e‑mail, a copy of the application. (2) If an application is instituted in accordance with paragraph (1) (b), the application, and 2 copies, must be filed in the Regional Appeal Registry within 3 days after the copy of the application was sent under paragraph (1) (b). (3) If an application is sent by fax, it must be sent with a cover sheet that clearly states: (4) If an application is sent by e‑mail, the sender must: (b) state clearly, in the application, his or her name, postal address, document exchange number (if any), telephone number, fax number and e‑mail address. (5) If an application sent by fax or e‑mail is accepted for filing, it is taken to be filed: (a) if the application is received by 4.30 pm on a day when the Regional Appeal Registry is open for business — on that day; and 2A Referral to Chief Justice (1) This rule applies if an application under subsection 94AA (2A) of the Act, subsection 102A (1) of the Assessment Act or subsection 107A (1) of the Registration Act is instituted under rule 2. (2) As soon as practicable after the application is instituted, the Regional Appeal Registrar must refer it to the Chief Justice to determine whether the jurisdiction of the Family Court in relation to the application should be exercised by a Full Court or a single Judge. 3 Time for filing an application An application must be filed: (a) within 28 days after the day on which the decree to which the application relates was made; or 4 Affidavit in support of an application (1) An application must be supported by an affidavit setting out briefly: (a) the facts on which the application is based; and (b) the specific questions of law (if any) raised by the application. (2) The affidavit must have attached: (a) a copy of the decree from which leave to appeal is sought; and (b) the reasons for judgment (if any); and (c) a draft notice of appeal setting out briefly but specifically the grounds of appeal to be relied on if leave to appeal is granted; and (d) the reasons why leave to appeal should be granted. 5 Service (1) Not later than 7 days after instituting an application, the applicant must serve, in accordance with Order 18, a sealed copy of the application on each person who was a party to the proceedings when the decree to which the application relates was made. (2) If an application has been instituted: (a) the Judge or Federal Magistrate who made the decree; or (b) if that Judge or Federal Magistrate is not reasonably available — another Judge or Federal Magistrate; may, on application by a party to the application, direct the applicant to serve a sealed copy of the application on a person who is not a party to the application. (3) As soon as practicable after an application under section 102 or 102A of the Assessment Act, or section 107 or 107A of the Registration Act, is filed, the Regional Appeal Registrar must give a copy of the application and any affidavit filed with it to the Child Support Registrar.