Supreme Court (Court of Appeal) Rules 2005

The Rules construct a procedural architecture around a small set of recurring concepts; the definitions in r 3 and the operation of individual Parts give effect to those concepts.

• CA matter and appeal: “CA matter” is any matter the Court of Appeal has jurisdiction to hear (r 3). An “appeal” includes leave applications; appeals are generally by way of rehearing unless another law says otherwise (r 25). The Rules distinguish criminal appeals (Criminal Appeals Act 2004 Parts 2, 3 and 3A) and civil appeals (r 3; rr 28-29, 28A). The mechanics for commencing differ by type (Form 1/1A for criminal, Form 2 for civil , r 28, r 28A, r 29; Schedule 1).

• Delegation, single judge and registrar jurisdiction: The CA remains the ultimate decision maker but delegates many operational tasks to single judges and registrars (r 5A). A single judge may make many interlocutory and management orders, can extend times, give or refuse leave to appeal, strike out grounds, and make interim orders (r 43(2)). Registrars have comparable jurisdiction for many matters (r 10(2)), but are expressly prohibited from making certain concluding or leave orders and other specified powers (r 10(2)(a)-(i)). The Rules define a “reviewable decision” by a registrar and provide a short timeframe to seek review by a single judge (r 15).

• Timetabling and document economy: The rules prescribe time limits for commencing appeals (r 25-26), for filing appellant and respondent materials (r 31B, r 32, r 33), and for service (r 22, r 29A). The appeal book regime divides material into White, Blue and Green parts with precise contents for each (r 38). There are directions to reduce document volume, avoid duplication and limit inclusion to materials actually referred to in the parties’ case (r 36(2)(b)-(d); r 38(4A)).

• Technical form and standardisation: Forms are obligatory and must be adapted to the circumstances (r 20). Filings must comply with paper, font, margins and pagination standards (r 21(1), (1A), (1)(b)-(e)); affidavits require a cover sheet (r 21(3) and Form 11). Appeal books have precise binding, indexing and pagination rules (r 39).

• Case management and interim relief: Case management powers are broad and include conferral requirements, ordering affidavits, limiting oral submissions, modifying rules and ordering additional evidence (r 47(2)-(3)). Interim orders can stay execution, grant bail, require security for costs, or other pre‑final orders (definition of interim order at r 3 and r 43(2)(h)-(k)). Urgent appeal orders are a defined category requiring a full timetable for expedited hearing (r 46).

• Interaction with other statutory processes and evidentiary devices: For criminal appeals, rules set the procedural footing for applications under Criminal Appeals Act s 40(1) and for use of examiners, special commissioners and assessors (rr 52-56), and cross‑reference the Criminal Procedure Act 2004 for procedures on production and summonses (r 54(2)).

These concepts structure incentives: detailed pre‑hearing documentation and tight time rules incentivise front‑loading legal work and limit opportunities for late‑surfacing evidence or surprise. Delegation to registrars and single judges pushes many procedural decisions away from full Court panels and concentrates administrative discretion in judicial officers and court staff.

The Rules affect a defined and overlapping group of actors. Each provision allocates duties, decision rights and costs to particular participants.

• Appellants: primary responsibilities lie with appellants. They must choose and file the correct appeal notice (Form 1, 1A or 2) with necessary affidavits when seeking extensions (r 28(1)-(2), r 28A(1)-(2), r 29(1)-(2)). An appellant prepares the appeal book unless the registrar orders otherwise (r 41(1)(a)). The appellant must file the “Appellant’s case” to prescribed content and within prescribed timeframes (r 31B, r 32). If the appellant discontinues an appeal, costs consequences attach (r 59(4)) and special rules apply when the appellant is a person under disability (r 59(2)-(3)).

• Respondents: on service of the appeal notice the respondent has 7 days to signal intention to participate by filing Form 4 (r 31(1)-(3)). Filing Form 4 brings entitlement to receive subsequent documents and to take part in the appeal (r 31(4)(a)-(c)). The respondent must file the “Respondent’s answer” where required (r 33) and may cross‑appeal by filing Form 4A within 7 days (r 31A).

• Legal practitioners: must file a notice of acting when instructed (r 23; Form 5). There are presumptions about who is to be taken as acting for a party (r 24(1)-(4)), and obligations when ceasing to act (r 24(2)-(3), Form 5A). These allocation rules define service addresses and the counterparty’s expectations about who communicates with the court.

• Registrars and Court of Appeal staff: registrars have operational gatekeeping powers , to refuse to accept non‑complying documents (r 10(1)), issue written orders (r 13), settle appeal book indices and direct preparation (r 36), and to serve notices to primary courts about required records (r 30(2)). They may accept electronic filings and use the ECMS with specific technical constraints (r 22A; r 39(4A)).

• Single judges: have broad interlocutory and case management jurisdiction including extending times, granting or refusing leave, striking out grounds, making interim orders and directing communications (r 43(2), (2B)). They also review registrar decisions (r 15-16) and may be the recipient of applications that registrars refer (r 11).

• Primary courts and external agencies: primary courts must supply records and advise on access restrictions when requested by the Court of Appeal (r 30(2)-(4)). For criminal appeals, the Registrar must send the Form 17 certificate to several agencies on conclusion (r 62(4)), which imposes an administrative flow of information to police, parole authorities and relevant tribunals.

• Non‑parties and media: rules specifically create a route for non‑parties (notably media organisations) to seek leave to inspect or obtain transcripts and records in criminal appeals (rr 70-71), with specified delegation to the media manager and single judges/registrars, and cost consequences (r 72). The Court of Appeal retains the right to publish on its own initiative (r 73).

Who pays: appellants primarily pay filing and document preparation costs, prepare and supply the appeal book (r 41; r 66(4)), and may be ordered to pay respondents’ costs on discontinuance (r 59(4)). Non‑parties who obtain copies must meet supply costs unless ordered otherwise (r 72(2)). The State or court bears administrative costs of dispatching Form 17s and managing records, while primary courts bear the cost of collating and forwarding records if required under r 30.

Decisions and discretion are concentrated in registrars and single judges for most interlocutory and preparatory matters, while the full Court retains final adjudicative authority. Behavioural consequences include tighter front‑end compliance (document format, indexed appeal books, punctual service) and fewer opportunities for tactical delay given the sanctions and gatekeeping powers in the Rules (r 10, r 43, r 66).

The Rules assign a detailed array of duties and rights. Below are principal obligations and entitlements, with statutory references.

Duties that create immediate compliance costs

• Commencing correctly: choose and file the correct appeal notice and any required supporting affidavit (r 28, r 28A, r 29). If an extension is claimed, affidavit explaining delay is required (r 28(2), r 29(2)).
• Service and proof of service: serve appeal documents personally on respondents (r 29A(1)(a)), or by post/fax/email if appellant is in custody (r 29A(1)(b)); then file a Form 3 as a service certificate (r 29A(2), Form 3). Failure to file Form 3 within the prescribed time engages striking‑out risk (see r 43(2)(fa)(ii)).
• Document standards: comply with paper, font, margins and spacing rules (r 21(1), (1A)). Affidavits must have the Form 11 cover sheet (r 21(3); Form 11). Appeal books must meet the three‑part structure and content limits (r 38), with legibility, indexing and pagination rules (r 39).
• Appellant’s case and respondent’s answer: file the Appellant’s case with documents specified at r 32(3) and the Respondent’s answer at r 33(4) within the time set (r 31B, r 33(3)). Submissions are page limited (r 32(5)(d) , not more than 20 pages).

Duties vested in registrars and single judges

• Filing gatekeeping: a registrar may refuse to accept filing of non‑compliant documents (r 10(1)); documents that appear abusive, frivolous or vexatious cannot be accepted without leave of a single judge and affidavit support (r 10A).
• Listing and notice obligations: registrars must notify parties of hearings (r 12) and send notice of hearing dates (r 57). A registrar must notify the primary court of records required and production timetable (r 30(2)).
• Order‑making and review: single judges may make a broad array of interlocutory orders (r 43(2)) and review registrar decisions (r 15-16). Registrars may refer matters to a single judge or the Court of Appeal (r 11).

Rights and remedies available to parties

• Right to be a respondent: persons directly affected by relief sought must be made respondents (r 26A(1)). Respondents who do not file Form 4 are effectively out of the proceeding and lose entitlement to documents and to be heard (r 31(4)).
• Review and appeal of registrar decisions: a party can apply to a single judge within 5 working days after a registrar’s reviewable decision (r 15(2)).
• Interim relief and urgent listing: parties can apply for interim orders at any time after commencement (r 44); the single judge has power to make urgent appeal orders with a set timetable (r 46).
• Procedural protections on discontinuance and settlements: discontinuance by an appellant is effective on filing Form 16 but may require single judge approval if the appellant is under disability (r 59); consent settlements are referred to single judges for final orders (r 60).

Sanctions, remedial powers and enforcement

• Registrar refusal and single judge review (r 10(1); r 15).
• Strike out or dismissal for non‑compliance, abuse or lack of prospect (r 43(2)(f), (g), (fa), (fb)).
• Costs orders, including refusal to allow costs where documents are filed late or unnecessarily and taxations (r 66).
• Bar the respondent from taking part if they have not complied with rules or orders (r 43(2)(ga)).
• Warrants and enforcement orders issued by single judges to enforce Court of Appeal orders (r 65).

These duties and rights create a regime that privileges early procedural clarity and imposes tangible costs on parties who fail to meet formalities. The combination of mandatory forms, tight deadlines, certification requirements and registry gatekeeping concentrates duties on the appellant and legal practitioners preparing the appeal book and the Appellant’s case.

The Rules do not prescribe criminal penalties but embed multiple enforcement mechanisms and civil sanctions to ensure compliance, described and referenced below.

Registrar gatekeeping and refusal to file

• Registrars may refuse to accept for filing documents that do not obey the Rules or an order (r 10(1)). That is an immediate administrative sanction that prevents the document from entering the appeal process until corrected. A party can seek review of such a refusal as a “reviewable decision” in a single judge (r 15(1A)(b)(includes refusal under r 10(1)) and r 15(1)-(2)).

Leave requirement for abusive filings

• A registrar must not accept documents that appear to be an abuse of process or frivolous/vexatious without leave of a single judge; an affidavit must support that leave application (r 10A). This erects an evidentiary and judicial filter against meritless procedural filings.

Strike‑out, dismissal and barring

• A single judge may strike out any ground that has no reasonable prospect of success, does not comply with rules, or is an abuse of process, and may strike out an appeal notice if the appeal is incompetent or not validly commenced (r 43(2)(f), (fa)). A single judge may dismiss an interim application or the appeal on similar grounds (r 43(2)(fb)-(g)). If a respondent fails to obey rules or orders, the single judge may bar that respondent from taking part (r 43(2)(ga)).

Costs sanctions

• Costs rules apply: late filing disqualifies a party from recovering costs of preparation of the document unless the Court orders otherwise (r 66(2)). Filing within extended times may carry costs entitlements unless the extension order provides otherwise (r 66(2A)). Costs of appeal book preparation are generally costs in the appeal (r 66(4)). Costs of copying unnecessary documents will not be allowed (r 66(5)). Discontinuance by an appellant usually attracts an order to pay the respondent’s costs (r 59(4)).

Procedural consequences for non‑attendance and absence

• A single judge or registrar may order a party or their legal practitioner to pay costs of parties who attended when a notified party fails to attend (r 17(1)). The judge or registrar may proceed in the absence of the party (r 17(2)), and decisions made in absence must be notified and may be set aside prior to execution (r 18(1)-(2)).

Enforcement and warrants

• A single judge can make orders and issue warrants to enforce Court of Appeal judgments or orders (r 65(1)). The Rules specify forms for arrest and remand warrants referencing criminal procedure and sentencing regulations (r 65(2)-(4)), which operationalises enforcement for criminal matters.

Control over records and disposal

• Registrars have duties to return records to primary courts and to notify parties to collect exhibits (r 64(1)), but may destroy or dispose of records if unclaimed after reasonable steps (r 64(5)). Registrars may release dangerous items on undertaking (r 64(3)-(4)).

Control over access and publication

• The Rules create a permission regime for non‑parties to access transcripts or other records in criminal appeals (r 70-71), with cost recovery (r 72) and limitations for certain sensitive matters (r 72(3)). The Court can publish proceedings on its own initiative (r 73).

Procedural review and oversight

• Registrar decisions are reviewable by a single judge within 5 working days (r 15). Decisions of single judges can be taken to the Court of Appeal under the Act s 61(3) and corresponding r 8, which provides a 5 working day window to file Form 13 to seek set aside or variation (r 8(1)-(3)). The Rules preserve the CA’s supervisory control over orders made by delegates (r 43(3)).

These enforcement mechanisms are administrative and civil rather than criminal, but they carry substantive consequences: loss of party participation, costs exposure, loss of documents’ effect or placement in the appeal, and, where appropriate, arrest or remand warrants for enforcement of criminal‑stage orders.

The Rules operate within a web of statutes and existing court rules; they both incorporate and defer to external law in specific ways.

Mandatory reading with the RSC

• The Rules must be read with the Rules of the Supreme Court 1971 (RSC) and expressly provide that references to “these rules” in the RSC or these Rules include each other unless context requires otherwise (r 5(1)-(2)). Where there is conflict, these Rules prevail over the RSC (r 5(3)). The RSC Order 3 applies subject to specified exceptions (r 5(4)).

Connections to the Supreme Court Act 1935

• Many powers exercised by single judges and registrars are under the delegations envisaged by the Supreme Court Act 1935; the Rules repeatedly reference the Act (for instance r 5A cross‑refers to delegations and Act provisions). Review of single judge decisions is provided as the section 61(3) pathway in the Act; the Rules implement the procedural timing and Form 13 (r 8).

Criminal Appeals Act 2004

• Criminal appeals under Parts 2, 3 and 3A are treated specially: the Rules provide forms and procedural checks for those appeals (r 28, r 28A). For Part 3A appeals the Form 1A must include specified information about alleged evidence (r 28A(1)-(2)). The Rules also incorporate the Criminal Appeals Act provisions governing disclosure, examinations, and leave to appeal: for example, orders under CAA s 40(1) must be supported by an affidavit describing evidence sought (r 52), and the Court may refuse to make production orders unless the evidence is likely to be probative for leave decisions (r 54(1)).

Criminal Procedure Act 2004 and rules for summons/production

• The Criminal Procedure Act 2004 Part 5 Division 7 and Schedule 4 and Criminal Procedure Rules 2005 apply to Court of Appeal orders under CAA s 40(1) for production or attendance (r 54(2)). Service of witness summonses must follow Criminal Procedure Act section 162 unless the Court orders otherwise (r 54(3)).

Civil Judgments Enforcement Act, Bail Act, Sentencing Act and others

• The definition of interim orders includes suspension orders under the Civil Judgments Enforcement Act 2004 s 15 and bail under Bail Act 1982 (r 3). The Court’s power to give guideline judgments is stated not to limit the Sentencing Act 1995 s 143 (r 61).

Criminal Law (Mental Impairment) Act 2023 and other statutes

• Civil appeals that fall under the Criminal Law (Mental Impairment) Act 2023 Part 12 have specific content requirements on the Form 2 filing (r 29(1)(c), (4)). The Rules also cross‑reference the Magistrates Court (Civil Proceedings) Act 2004 powers for removal of District Court appeals into CA matters and prescribe the form and timelines for such applications (r 69).

Records, confidentiality and statutory limitations

• The Rules require primary courts to advise the Court of Appeal where records contain material access to which is or should be restricted (r 30(4)). The non‑party access regime (rr 70-72) operates subject to statutory restrictions, including the Sentencing Act s 22 and any other law that restricts publication or possession (r 71(7)).

Fees and filing costs

• Filing at the Court of Appeal office for criminal appeals must be accompanied by any fee required under the Supreme Court (Fees) Regulations 2002 (definition of file at r 3). Cost allocation in appeals references RSC cost rules as applicable (r 66(3)).

Practical cross‑references

• The Rules make repeated cross‑references to other instruments that govern the mechanics of subpoenas, witness attendance, production of records and enforcement. For example, single judges may make orders requiring communications in a specified manner (r 43(2B)), and disclosure steps for ancillary evidence follow Criminal Procedure Act rules when orders are made (r 54(2)).

In sum, the Rules create a procedural architecture that is not standalone; they embed CA practice into the broader statutory and rules framework. Practitioners must navigate the Rules in tandem with the RSC, Criminal Appeals Act 2004 and related procedural statutes, and be alert to which statutory process controls the remedy they seek (e.g. production orders under CAA s 40 v. general case management powers under r 47).

The compiled instrument includes the original 2005 Rules and an explicit set of subsequent amendments listed in the compilation table. The compilation table records each amending instrument, its publication and commencement dates. Relevant entries in the compilation table included in the text are:

• Supreme Court (Court of Appeal) Rules 2005, original: published 29 Apr 2005; commenced 2 May 2005 (see r 2).
• Supreme Court Rules Amendment Rules 2017 Pt. 3: published 16 Aug 2017; commenced 30 Aug 2017.
• Supreme Court (Court of Appeal) Amendment Rules 2017: published 22 Aug 2017; commencement staggered with some rules from 22 Aug 2017 and others from 5 Sep 2017. (See compilation table entries.)
• Supreme Court Rules Amendment (Court of Appeal) Rules 2021 Pt. 2 (SL 2021/34): published 30 Mar 2021; commenced 3 May 2021.
• Supreme Court (Court of Appeal) Amendment Rules 2022 (SL 2022/60): published 20 May 2022 with phased commencement (r 1-2 from 20 May 2022; remainder 3 Jun 2022). Several rule entries in the text were amended and reflect that instrument.
• Supreme Court Rules Amendment (Legal Profession) Rules 2022 Pt. 5 (SL 2022/74): published 14 Jun 2022; commenced 1 Jul 2022.
• Supreme Court (Court of Appeal) Amendment Rules (No. 2) 2022 (SL 2022/209): published 16 Dec 2022; commenced 1 Jan 2023 for most provisions. This instrument inserted or amended rules such as rr 26B, 27, 28A and the procedural specifics for Part 3A criminal appeals.
• Supreme Court (Court of Appeal) Amendment Rules 2024 (SL 2024/166): published 7 Aug 2024; parts commenced 1 Sep 2024.
• Supreme Court (Court of Appeal) Amendment Rules 2025 (SL 2025/76): published 22 May 2025; other provisions commenced 23 May 2025.

Within the body of the Rules text, many individual rules carry editorial notes indicating amendment by specific SL instruments and dates (see, for instance, the bracketed amendment notes following r 3, r 5A, r 7, r 10A, r 21 and others). The Rules’ schedule and definitions have been adjusted across these instruments , notable additions include rr 10A (leave required for abusive filings , SL 2025/76 r 8), rr 26B and 27 (terms and the formal starting point for appeals , SL 2022/209 r 8-9), and the expanded non‑party access and media provisions in Part 7 rr 70-73 (SL 2025/76 r 18).

The compilation table at the end of the instrument provides the authoritative list of amending instruments and their commencement particulars; practitioners should consult that table to confirm the operative commencement date of any particular amendment relevant to their case.

The Rules text itself does not include a record of judicial interpretation or litigation about these specific Rules beyond the illustrative authorities used in examples (r 32(6) includes example citations such as Ward v The Queen [2000] WASCA 413 and Talbot v Lane (1994) 14 WAR 120, but these appear as models of how to cite authorities rather than as cases about the Rules). The instrument’s Schedule and notes do not list cases that have construed specific provisions.

Consequently, the Rules as published do not provide a litigation history section listing cases that have interpreted them. Practitioners wanting to assess how particular rules have been applied should search reported decisions of the Court of Appeal and single judges of appeal for references to the numbered rules (for example decisions addressing strike‑out powers under r 43(2)(f), registrar refusal to accept filings under r 10(1), or the enforcement of appellate appeal book standards under r 39). The Rules themselves give no roster of such decisions.

Note: the examples in r 32(6) are demonstrative of citation style and are not pronouncements about the Rules; they should not be read as an interpretive gloss on the operative provisions. To establish how courts have applied or interpreted particular procedural steps (for example review of registrar decisions under r 15, or the application of r 10A), consult case law databases for Court of Appeal rulings referencing the relevant numbered rules.

The Rules contain many specific traps for the unwary. The most consequential practical pitfalls, with rule references, are:

Strict and short time limits

• Commencement windows are short: interlocutory civil appeals 14 days; other appeals 21 days unless another law provides otherwise (r 26). Criminal Part 2/3 appeals have procedural specifics and may be treated as leave applications for the purposes of Criminal Appeals Act sections (r 28(4)). Missing start dates can lead to striking out (r 43(2)(fa)(i)-(ii)). The appellant must lodge the Appellant’s case within the time set (r 31B and r 32); the respondent’s answer must also be filed within prescribed times after notice (r 33(3)).

Service and proof obligations

• Service on the respondent is generally personal (r 29A(1)(a)); only where the appellant is in custody can service be by post/fax/email (r 29A(1)(b)). Filing a Form 3 (Service certificate) is obligatory as soon as practicable after service (r 29A(2)); failure to file Form 3 within seven days after the last date on which the appeal could have been commenced is a trigger for potential strike‑out (r 43(2)(fa)(ii)).

Document formality and appeal book content

• The Rules impose detailed typographic and layout obligations: 12 point Times New Roman minimum, 1.5 line spacing, page margins to allow binding (r 21(1A), r 21(1)(b)). Appeal books are strictly segmented and have capped page limits per volume (r 38, r 39(4)). The Green Appeal Book must not include certain materials (pre‑sentence reports, victim impact statements) unless ordered (r 38(6)).

Registrar gatekeeping and frivolous filings

• A registrar can refuse non‑complying filings (r 10(1)). New as of SL 2025/76, r 10A requires that documents which appear to be abuse, frivolous or vexatious not be accepted for filing without leave; that leave application must be supported by an affidavit and need not be served (r 10A(1)-(3)). This means counsel must anticipate a leave hurdle where filings may be perceived as abusive.

Risk of being excluded from the appeal

• If a respondent fails to file Form 4 within 7 days, they lose entitlement to documents and to be heard; they are not a party to the appeal under the Rules (r 31(2)-(4)). Conversely, appellants who fail to produce required documents or adhere to timeframes risk dismissal (r 43(2)(g)).

Costs traps

• Late filing of required documents excludes recovery of costs for their preparation unless the Court orders otherwise (r 66(2)). Costs for preparing and settling appeal book indexes and preparing the appeal book are costs in the appeal unless ordered otherwise (r 66(4)). Copies of unnecessary documents will not attract costs allowances (r 66(5)).

Electronic filing and ECMS constraints

• Electronic volumes have size and searchability constraints (r 39(4A)). If a document is filed electronically, a single judge may order a paper version to be provided (r 47(3)(ga)). Practitioners must ensure their electronic bundles meet the megabyte limits and are OCR searchable.

Communications and confidentiality

• Single judges may specify the manner in which a person must communicate with various court actors (r 43(2B)). The primary court must advise the Court of Appeal if records given should have restricted access (r 30(4)). Non‑party access to records in criminal appeals is controlled and may be granted or refused by the media manager or a judicial officer (r 70-71), and cost rules apply (r 72).

Special criminal evidence procedures

• For applications under Criminal Appeals Act s 40(1) the Court may refuse to make production orders unless the evidence sought is likely to be relevant and probative and may assist the Court with leave determinations (r 54(1)). Examinations before an examiner have specific requirements, including recording and certification (r 55).

Delegation limits

• Registrars are powerful but have explicit limits; they cannot conclude CA matters, extend or refuse extension of time to appeal, grant leave to appeal, make suspension orders under the Civil Judgments Enforcement Act, make bail orders or other specified powers (r 10(2)(a)-(i)). Parties expecting registrar resolution of such matters will need to apply to a single judge.

Form content and certifying the appeal book

• The appellant must obtain certificates of correctness from parties before filing the appeal book (r 41(1)(c) and Form 14A). If not complied with, a registrar may dispense with the certification but one should not rely on that discretion without order (r 41(2)).

These “gotchas” translate into concentrated compliance costs at the front end of appeals: investment in accurate, indexed, certified bundles; careful service and proof of service; and strategic use of leave applications where rules require it.

Below is a pragmatic compliance checklist keyed to the Rules’ principal obligations. Each checklist item cites the relevant rule(s). Use it as a tactical sequence for commencing and prosecuting an appeal.

1. Classify the appeal correctly (criminal Part 2/3/3A or civil) and select the correct appeal notice form (Form 1 for Criminal s Part 2/3, Form 1A for Part 3A, Form 2 for civil) (r 28, r 28A, r 29; Schedule 1). Understand whether your filing is treated as an application for leave in the statutory regime (see r 28(4), r 28A(4), r 29(4)).

2. Prepare supporting affidavits if seeking extension of time (r 28(2), r 29(2)). For Part 3A appeals include the prescribed information about alleged evidence (r 28A(1)-(2)).

3. File the appeal notice in the correct registry location and pay any filing fees mandated by the Supreme Court (Fees) Regulations if filing a criminal appeal at the Court of Appeal Office (definition of file at r 3 and r 28(1)).

4. Serve the appeal documents on the respondent personally immediately after filing (r 29A(1)(a)), unless the appellant is in custody where post/fax/email service is permitted (r 29A(1)(b)). File Form 3 (Service certificate) promptly after service (r 29A(2), Form 3).

5. Ensure the primary court is notified and will supply records: the registrar will notify the primary court and specify what records must be supplied and the return date (r 30(2)). If records contain restricted access material, advise the Court of Appeal (r 30(4)).

6. Prepare the Appellant’s case and time estimate: file the Appellant’s case within applicable time limits (r 31B and r 32). The Appellant’s submissions should be concise (no more than 20 pages) and must identify transcript pages and exhibits (r 32(5)). Include the Appellant’s grounds, submissions, authorities, orders sought and draft indexes/chronology as required (r 32(3)-(9)).

7. Anticipate respondent’s answer and reply windows: the respondent must file the Respondent’s answer within set times after notice (r 33(3)-(4)), and if they file a notice of contention the appellant must reply within 21 days (r 34).

8. Assemble the appeal book per the three part structure (White/Blue/Green) and ensure compliance with content limits (r 38(1)-(6)). Keep the Green Book limited to material specifically referred to in the parties’ filings unless the registrar orders otherwise (r 38(4A)). Ensure legibility, line numbering, pagination, and binding requirements (r 39).

9. Observe technical formatting: use durable A4, margins for binding, typed 12 point Times New Roman minimum, 1.5 spacing (r 21(1), (1A)). Affidavits require a cover sheet (r 21(3) and Form 11).

10. Certify and file the appeal book: obtain and file the Form 14A certificate of correctness signed by parties or legal practitioners before filing (r 41(1)(c); Form 14A). If impracticable, seek the registrar’s dispensation (r 41(2)).

11. If any document might be perceived as abusive, frivolous or vexatious, do not attempt to file it without first obtaining leave of a single judge and attaching an affidavit in support (r 10A).

12. Engage with registrar case management early: respond to directions, settle indexes with the registrar (r 36), and comply with orders to reduce volume and avoid duplication (r 36(2)(b)-(d)). If the registrar refers a question to a single judge, expect possible interim orders pending determination (r 11).

13. For criminal appeals, observe special procedures for production orders, examiners, special commissioners and assessors: applications under CAA s 40(1) require an affidavit describing the evidence sought (r 52); ensure compliance with Criminal Procedure Act rules for witness summonses and production (r 54).

14. Keep oral presentation focused: single judges and the Court can limit oral submissions and issues (r 7(1)(f), r 47(3)(e)-(f)). File a time estimate in Form 7/8 as required (Forms 7 and 8).

15. If discontinuing or settling, use prescribed forms and note special safeguards for persons under disability (r 59(1)-(3); r 60(1)-(4); Forms 16 and 10). Be aware of costs consequences on discontinuance (r 59(4)).

16. Preserve custody and safety of exhibits: after conclusion request return per r 64(1). If items are dangerous or unclaimed, registrars have disposal powers but will seek judicial order for destruction (r 64(3)-(5)).

17. For media or non‑party access to transcripts in criminal appeals follow rr 70-72: if you are a media organisation, an oral application to the media manager may be possible where previous leave has been granted (r 70(3)(a)-(6)); otherwise file a written application (r 70(3)(b) and r 71). Budget for copy costs (r 72).

18. Monitor electronic filing constraints: keep volumes below the megabyte ceilings, include OCR searchable text where required and be ready to supply paper versions on order (r 39(4A); r 47(3)(ga)).

19. If a registrar declines to accept documents, or you receive an adverse registrar decision, remember the short review window: apply to a single judge within 5 working days using Form 13 (r 15(2); Form 13). If dissatisfied with a single judge decision, the Act s 61(3) and r 8 provide for an application to the Court of Appeal within 5 working days (r 8).

20. Budget for costs: expect that the party filing documents late may not obtain costs for preparation (r 66(2)), and that appeal book preparation and index costs will generally be costs in the appeal (r 66(4)).

Following these steps and cross‑checking each deliverable against the numbered rule references will reduce the common compliance risks created by tight deadlines, intricate filing rules, registrar gatekeeping and the potential for costs sanctions.