4.01Applications for leave to appeal

#### 4.01 Applications for leave to appeal Leave to appeal about indictable offences or against summary judgments (1) An application for leave to appeal under subsection 30AA(1) or (2) of the Act must be made by filing a notice in accordance with Form CP21. Leave to appeal against interim judgments and decisions (2) An application for leave to appeal under subsection 30AA(4) of the Act from a judgment or decision must be made: (a) orally at the time the judgment or decision is made; or (a) by filing a notice in accordance with Form CP21. Documents that must accompany notice (3) A notice referred to in subrule (1) or (2) must be accompanied by an affidavit stating briefly, but specifically, the facts that support the application. (4) The following must be attached to the affidavit: (a) the judgment or decision to which the application relates; (b) the reasons, if published, for the judgment or decision; (c) a draft notice of appeal that complies with rule 4.10. > Note 1: See section 30AB of the Act for whether leave to appeal is needed. If leave is not needed for any of the grounds of the appeal, see Division 4.2 of these Rules. > Note 2: See section 30AF of the Act for the time for filing a notice referred to in subrule (1) or (2).