7FDirections at conclusion of directions hearing or settlement conference

7F Directions at conclusion of directions hearing or settlement conference (1) This rule applies if all the issues raised by an appeal are not resolved at a directions hearing or, if a settlement conference was conducted, at the settlement conference. (2) The Judge or Regional Appeal Registrar conducting the directions hearing or settlement conference must: (a) decide which documents and other material are to be included in the appeal papers; and (b) decide which parts of the transcript of the proceedings from which the appeal has arisen are relevant to the appeal and are to be included in the appeal papers; and (c) settle the index to the appeal papers in accordance with the order of arrangement mentioned in subrule 14 (4); and (d) decide how many copies of the appeal papers are required and how the copies are to be prepared; and (e) estimate how long the hearing is likely to take; and (f) make an order, in accordance with subrule 15 (1), directing who is to be responsible for preparing the appeal papers; and (g) fix a date by which the appeal papers must be filed and served. (3) When settling the index to the appeal papers, the Judge or Regional Appeal Registrar and the parties must: (a) leave out of the appeal papers those parts of the transcript, or other documents, that are irrelevant or unnecessary; and (b) reduce, as far as practicable, the number and the length of documents to be included in the appeal papers, taking care to avoid: (i) unnecessary inclusion of merely formal parts of documents; and (ii) unnecessary duplication of material. (4) If a party does not agree with a decision of the Regional Appeal Registrar under subrule (2), the party may apply to a Judge of the Appeal Division (or, if a Judge of the Appeal Division is not reasonably available, another Judge), in accordance with these Rules, for a review of the Regional Appeal Registrar’s decision. 9 Exhibits etc (1) As soon as practicable after an appeal has been instituted, the Appeal Registrar shall arrange to obtain: (a) the exhibits in the proceedings in which the decree appealed from was made; (b) all other documents that were before the court in those proceedings, together with a list of those documents; and (c) a copy of the reasons (if any) for judgment in those proceedings. (2) For the purposes of subrule (1), where an exhibit referred to in paragraph (1) (a) is not immediately available, the Appeal Registrar shall find out where it is and arrange to obtain it as soon as practicable. (3) The Appeal Registrar shall retain the documents and exhibits obtained under subrule (1) until the appeal is decided and then return them to the officer or person from whom they were obtained. 11 Draft index to appeal papers An appellant must, at least 3 days before the date fixed for the directions hearing: (a) file a draft index to the appeal papers in the Appeal Registry; and (b) serve a sealed copy of the draft index on the respondent and each other party to the appeal. 13 Transcript (1) As soon as practicable after the index to the appeal papers has been settled, the appellant or, if so directed by the Judge or Regional Appeal Registrar conducting the directions hearing relating to the appeal, the cross-appellant, must arrange to obtain the original, or a copy of the relevant parts, of the transcript of the proceedings from which the appeal has arisen. (2) The transcript of the proceedings must have been prepared by the contractor providing transcription services to the court for those proceedings. 14 Appeal papers (1) Subject to any direction of: (a) a Full Court; (b) a Judge of the court in which the decree appealed from was made; or (c) the Judge or the Regional Appeal Registrar conducting the directions hearing relating to the appeal; the appeal papers shall be prepared in accordance with this rule. (2) The appeal papers are to have a title page specifying: (a) the title of the proceedings; (b) the title of the court in which the decree appealed from was made; and (c) the name and address for service of the solicitor for each party to the appeal proceedings. (3) An index to the documents comprising the appeal papers, specifying the date and page number of each of those documents, is to appear immediately after the title page. (4) The appeal papers are to comprise each of the following documents (originals or copies), arranged in the following order: (a) the notice of appeal; (b) the decree appealed from; (c) any relevant subsequent decree; (d) the reasons for judgment; (e) each relevant pleading, application, affidavit and other document in order of filing; (f) any report by a family and child counsellor or welfare officer that was received in evidence in the proceedings from which the appeal has arisen and that is relevant to the appeal; (g) the relevant parts of the transcript of those proceedings; (h) a list of the exhibits; (i) each relevant exhibit or relevant part of an exhibit, where practicable. (5) The pages of the appeal papers (including pages of transcript) must be numbered consecutively. (6) A pleading, an application, an affidavit or any other document is not to be included in the appeal papers unless it was put in evidence, or tendered but not admitted as evidence, in the proceedings to which the appeal relates. (7) The appeal papers are to be securely fastened to form one or more than one volume but need not be bound or printed. (8) A volume of the appeal papers is not to be more than 25 millimetres in thickness. (9) Each page in a volume of the appeal papers must be clear and legible and must comply with the requirements referred to in paragraphs 2 (c) and (d) of Order 2. 15 Preparation of appeal papers (1) Subject to subrules (2) and (2B), the Judge or Regional Appeal Registrar conducting a directions hearing must direct the appellant to be responsible for preparing the appeal papers. (2) If, in a directions hearing conducted by a Judge, the Judge is satisfied that it would impose hardship on the appellant for the appellant to be responsible for preparing the appeal papers, the Judge may: (a) direct the Regional Appeal Registrar to prepare the appeal papers; or (b) if there is a cross-appellant — order the cross-appellant to do so. (2A) A direction under paragraph (2) (a) to a Regional Appeal Registrar does not affect an appellant’s or cross-appellant’s obligation under subrule 13 (1) to arrange to obtain the transcript of the proceedings from which the appeal has arisen. (2B) If, in a directions hearing conducted by a Regional Appeal Registrar, the Regional Appeal Registrar is satisfied that it would impose hardship on the appellant for the appellant to be responsible for preparing the appeal papers, the Regional Appeal Registrar may: (a) prepare the appeal papers; or (b) if there is a cross-appellant — order the cross-appellant to do so. (3) By the date fixed under paragraph 7F (2) (g), or a later date (if any) fixed by the Judge who conducted the directions hearing, a Judge of the Appeal Division or a Regional Appeal Registrar, the party responsible for preparing the appeal papers, or any part of them, must: (a) file the appeal papers in the Appeal Registry with: (i) a certificate by that party, or the lawyer for that party, to the effect that the appeal papers have been examined and have been prepared in accordance with the index to the appeal papers as settled by the Judge or Regional Appeal Registrar; and (ii) the number of copies of the appeal papers that the Judge or Regional Appeal Registrar directs; and (b) serve 2 sealed copies on each other party to the appeal. (4) However, if the appeal papers are prepared by the Regional Appeal Registrar, or by the Regional Appeal Registrar and a party to the appeal, reasonable directions for filing the papers and serving copies on the parties may be given by the Judge conducting the directions hearing or the Regional Appeal Registrar. (5) If an appellant or cross-appellant who is responsible for filing and serving the appeal papers does not file and serve the appeal papers by the date fixed under paragraph 7F (2) (g), or by a later date fixed under subrule (3), the appeal or cross-appeal is taken to be abandoned at the end of 21 days after the date by which the appeal papers should have been filed and served. (6) Unless the court otherwise orders, if an appeal or cross-appeal is abandoned under subrule (5), the appellant or cross-appellant must pay the costs of the other parties to the appeal or cross‑appeal. 16 Hearing date for appeal The Regional Appeal Registrar must: (a) list the appeal for hearing during a sitting of the Full Court; and (b) at least 28 days before the date of commencement of the sitting, give written notice to each party to the appeal of the commencement date and place of that sitting.