They set step-by-step procedures for criminal appeals and related applications in the Supreme Court: how to start an appeal, what documents to file, how to serve them, time limits for notices, how transcripts and trial court files are accessed, and how appeals are finally disposed of (see rules 3.1–3.7; 2.3; 2.20–2.21; 5.2–5.6).
They require use of approved forms for most court documents and give the Chief Justice the power to approve and publish those forms (rules 2.1–2.2).
They specify how documents are filed (including limited email filing), when a lodged document is taken to be filed, and when a Registry officer may refuse to accept a document (rule 2.3). Filed documents must be entered into the Court’s computerised record system (rule 2.4).
They set out acceptable methods and evidentiary requirements for service of documents (personal service, post, leaving with an adult at an address, email with consent, service on corporations, and special rules for protected confiders and inmates). They require sworn statements of service with prescribed content (rules 2.5; 2.7; 2.9; 2.11; 2.13).
They give the Court broad powers to depart from these Rules in particular cases and to give directions when the Rules are silent (rules 1.4–1.5). The Registrar is given a number of specified Court powers and may exercise them subject to review by the Court (rules 4.8; 6.1).
They govern access to trial transcripts, exhibits and files for appeals, including conditions on providing the trial judge’s judgment transcript (rules 2.20–2.22; 2.21).
The Supreme Court (Criminal Appeal) Rules 2021 establish a comprehensive procedural code for the conduct of criminal appeals, applications for leave to appeal, stated cases, references under the Crimes (Appeal and Review) Act 2001, and applications for guideline judgments in the Supreme Court of New South Wales. Part 1 contains preliminary provisions. Rule 1.3 incorporates the Dictionary in Schedule 1 and provides that words defined in the Criminal Appeal Act 1912 (the 1912 Act) carry the same meaning unless the Rules or context indicate otherwise. Rule 1.4 empowers the Court to dispense with any requirement of the Rules in a particular case, either before or after the time for compliance arises. Rule 1.5 permits the Court to give directions on any aspect of practice or procedure not covered by the Rules.
Part 2 addresses documentation, evidence and representation. Division 2.1 allows the Chief Justice to approve forms (rule 2.1) and mandates their use (rule 2.2). Division 2.2 sets out methods of filing (personal delivery, post, electronic communication to the Registry email, or other approved method – rule 2.3(1)–(2)). A document is taken to be filed when lodged unless acceptance is later refused (rule 2.3(5)). Specific timing rules apply to posted documents from inmates and to electronic communications (rule 2.3(6)–(7)). Registry officers may refuse incomplete or non-compliant documents (rule 2.3(8)–(9)). Filed documents must be entered in the Court’s computerised record system (rule 2.4).
Division 2.3 governs service. Rule 2.5 lists ordinary methods (personal service, post, leaving with a person apparently 16 or over at the address, electronic with consent, or statutory corporate service). Additional methods apply where a party is legally represented (rule 2.5(2)). Special protection exists for “protected confiders” under Chapter 6 Part 5 Division 2 of the Criminal Procedure Act 1986: service must be on their legal practitioner or the Legal Aid Commission (rule 2.5(3)). The Court may order electronic service without consent (rule 2.5(4)). The Registrar must arrange service for unrepresented parties (rule 2.6). Rules 2.7–2.9 detail personal service, including on corporations, inmates, and situations involving violence or threat. Substituted service may be ordered by the Registrar on application (rule 2.10). Rule 2.11 prescribes the content of an affidavit or statement of service, including attachments and, for electronic or postal service, the source of the address used. Special presumptions of service apply to DX, post and electronic means (rules 2.13 and the note to rule 2.5 referring to the Electronic Transactions Act 2000). Doubtful service may lead to a stay, adjournment or setting aside of orders (rule 2.12).
Current sections
Direct links to the current provisions in Supreme Court (Criminal Appeal) Rules 2021.
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Official source available
Zoe has indexed the source text for search and analysis. Use the official register for the original document and download formats.
They regulate evidence procedures on appeal: orders for witnesses, expert witness obligations (including an expert code of conduct and a requirement for written acknowledgements), expert conferences and limits on adducing inconsistent expert evidence (rules 4.2–4.6).
They prescribe procedural steps for stated cases, applications under the Crimes (Appeal and Review) Act 2001 and guideline judgments (rules 3.8–3.14; 3.11–3.12).
They provide remedies and consequences: how an appellant may abandon proceedings, how orders are entered, how orders may be set aside or varied, suspension of monetary orders pending appeal, refund entitlements for successful appellants, and rules about continued custody when a retrial or re-sentencing is ordered (rules 5.1–5.10; 3.19; 5.8).
Transitional and savings rules preserve the effect of acts under the prior Criminal Appeal Rules; two historical rules (6.3 and 6.4) are noted as repealed (rule 6.2; rule 1.2(2)).
Who this affects (directly and materially):
Appellants and respondents in criminal appeals and persons filing related applications (rules 3.1–3.7; 5.1);
Australian legal practitioners who act for those parties (rules 2.14–2.18);
The Registrar and Registry officers, who accept, enter, refuse and arrange service of documents and exercise particular Court powers (rules 2.3–2.4; 2.6; 4.8; 6.1);
Trial judges, trial court registrars and transcription agencies who must provide and approve transcripts and receive notices (rules 2.20–2.21; 3.4; 3.16);
The Director of Public Prosecutions, Legal Aid Commission and other official agencies identified for notices or assistance (rules 3.4; 3.17; 3.7(1)(b));
Witnesses and expert witnesses (rules 4.3–4.6; 4.4).
Why it matters (official purpose-claims and practical testing against costs, incentives and trade-offs):
Officially, the Rules set a consistent procedural framework for criminal appeals in the Supreme Court (see the instrument-title and provisions throughout Part 3). That claim is supported by many detailed provisions establishing forms, time limits, filing and service processes (rules 2.1–2.3; 3.1–3.6).
Compliance burden and operational costs: parties must use approved forms and meet filing and service requirements (rules 2.1–2.3; 2.5). Proof-of-service statements have prescribed contents and formalities (rule 2.11), which increases the paperwork burden on litigants and their agents. Transcripts of a trial judge’s judgment require the judge’s approval before release (rule 2.21), a procedural gate that may delay access to that document. Witnesses required to attend under a witness order are entitled to set allowances and an application process is specified (rule 4.4); those payments are made according to a published scale and the initiating party or Registrar must lodge the application, so there is an administrative and cost implication for parties and the registry.
Choice and efficiency effects: electronic filing and service are permitted in limited situations (notice of intention to appeal and similar items may be filed by email (rule 2.3(2)); email service requires consent unless the Court orders otherwise (rule 2.5(1)(d) and 2.5(4)). The default remains hard-copy filing (rule 2.3(3)), preserving traditional processes but limiting immediate efficiency gains unless the Court or Registrar orders otherwise.
Bureaucratic discretion and oversight: the Court may dispense with or vary requirements in particular cases and give directions where the Rules are silent (rules 1.4–1.5). The Registrar is explicitly empowered to exercise certain Court powers (rule 4.8) but decisions by the Registrar on such matters can be referred to the Court for review within specified time limits (rule 6.1). That creates concentrated decision-making power in registry staff with a formal internal review route for parties (rule 6.1(2)–(4)).
Incentives and litigation strategy effects: the Rules limit certain grounds of appeal where no trial objection was taken (rule 4.15). Experts are required to accept an expert code of conduct in writing before their reports can be used or their oral evidence received (rule 4.5). The Court can order experts to confer and produce joint reports, and a party may be prevented from adducing expert evidence inconsistent with agreed matters without leave (rule 4.6(1), (7)). These rules alter litigation incentives about how and when objections are taken, how experts are engaged, and the strategic value of developing new grounds on appeal (rules 4.13–4.15).
Who pays: the Rules create a mix of private and public cost-bearers. Parties bear compliance costs (preparing approved forms, serving documents, obtaining transcripts except where the registry/trial court provides them) and may pay witness expenses where applicable (rule 4.4). The state (through the Registrar, trial court registrar, DPP and transcription agencies) bears administrative costs for maintaining records and providing copies when requested (rules 2.4; 2.20–2.21; 3.16; 3.17). Successful appellants are entitled to repayment of penalties or costs ordered by the trial court unless the Court orders otherwise (rule 5.8), which allocates some financial consequence back to public funds or the original payee depending on context.
Implementation risks and timing trade-offs: several provisions create potential delay points — Registry acceptance and entry (rule 2.3(5)–(9)), transcript approval by trial judges (rule 2.21), Registrar review windows (rule 6.1(3)) and requirements for formal proof of service (rule 2.11). Those steps strengthen formal controls but can delay proceedings if not managed to timetable.
Concrete mechanisms to watch (with section citations):
Standardisation by approved forms (Chief Justice power) (rules 2.1–2.2).
Registrar’s operational role and specified delegated powers, and the right to seek Court review of Registrar decisions (rules 4.8; 6.1).
Mandatory formal proof-of-service statements and the evidential presumptions they create (rule 2.11; rule 2.13 for DX service timing).
Expert witness accreditation to a code and limits on later adducing inconsistent expert evidence (rules 4.5–4.6).
Time limits and consequences for notices of intention to appeal and notices of appeal (rules 3.1–3.6).
Bottom line: these Rules operationalise how criminal appeals proceed in the Supreme Court by prescribing forms, filing and service methods, registry practices, time limits, evidence and expert procedures, and internal review routes for Registrar decisions. The rules concentrate procedural decision-making with the Court and Registrar while imposing paperwork and evidentiary formalities on parties, and they retain several formal safeguards (trial judge approval for judgment transcripts, review of Registrar decisions) that can affect timing and access to documents (see rules 2.1–2.4; 2.11; 2.20–2.21; 4.8; 6.1).
Division 2.4 regulates appointment, change, removal and withdrawal of legal practitioners. Notices must be filed and served; changes do not take effect until filing (and service on the other side where required) – rules 2.14–2.18. Division 2.5 deals with access to trial court material. Trial courts may make preservation orders (rule 2.19). Once a notice of appeal or intention is filed, the trial court registrar (or transcription agency) must supply transcripts, documents and access to exhibits, subject to non-disclosure orders or legislative prohibitions (rules 2.20–2.21). Draft judgment transcripts are withheld until approved by the trial judge (rule 2.21(1)). Prosecutors must assist appellants seeking exhibits no longer in the trial court’s custody (rule 2.22). Division 2.6 requires certificates of conviction to note appeal rights or the fact that an appeal has been filed (rule 2.23); omission does not invalidate the certificate.
Part 3 governs commencement of proceedings. Subdivision 1 of Division 3.1 requires a notice of intention to appeal to be filed in approved form, signed, and effective for 12 months (rule 3.1). Extensions of time may be granted by the Registrar exercising power under s 10(1)(b) of the 1912 Act (rule 3.2). Amended notices are permitted in limited circumstances and replace the original (rule 3.3). The Registrar forwards copies to the respondent, trial court registrar and transcription agency (rule 3.4). Subdivision 2 sets strict time limits for notices of appeal: the life of a notice of intention, or 3 months from conviction/sentence for defendants; 28 days for prosecutor appeals under s 5D; 14 days for interlocutory appeals under s 5F (rule 3.5). Late notices require leave (rule 3.5(5)). Incomplete notices operate as notices of intention (rule 3.6). Service requirements are stringent, with personal service mandated in certain prosecutor appeals (rule 3.7).
Division 3.2 requires stated cases under ss 5A, 5B or 5C of the 1912 Act to be in writing and signed by the trial judge (rule 3.8). The Registrar forwards copies and notifies the trial judge and registrar of the Court’s determination (rules 3.9–3.10). Division 3.3 applies the Rules with modifications to references and applications under Part 7 of the Crimes (Appeal and Review) Act 2001 (rules 3.11–3.12). Division 3.4 provides for applications and discontinuance of guideline judgment applications under s 37 of the Crimes (Sentencing Procedure) Act 1999 (rules 3.13–3.14). Division 3.5 requires other applications to use approved forms (rule 3.15). Division 3.6 imposes administrative duties on the Registrar (forwarding originating process, obtaining DPP particulars, informing prison managers of hearing dates – rules 3.16–3.18). Division 3.7 allows trial courts to suspend monetary orders pending appeal (rule 3.19).
Part 4 covers conduct of proceedings. The Court (and, by delegation, the Registrar) may give case-management directions (rules 4.1, 4.8). Division 4.2 adopts the expert witness code from Schedule 7 of the Uniform Civil Procedure Rules 2005, mandates acknowledgment of the code, requires supplementary reports to be served immediately, and regulates expert conferences and joint reports (rules 4.2, 4.5–4.6). Witness orders, expenses (by reference to the 2014 Government Gazette scale) and evidence on oath before examiners, commissioners or assessors are regulated in Divisions 4.3–4.4 (rules 4.3–4.4, 4.7–4.12). Additional or abandoned grounds of appeal require formal applications or notices (rules 4.13–4.14). Rule 4.15 prohibits certain evidentiary rulings from being grounds of appeal without leave unless objection was taken at trial.
Part 5 deals with resolution. Appeals may be abandoned, triggering deemed dismissal or refusal (rule 5.1). Orders are entered in the computerised system (rules 5.2–5.3). The Court’s power to set aside or vary orders before entry, or within 14 days after entry, is tightly constrained; time limits cannot be extended (rule 5.4). The Registrar must notify parties and trial courts of outcomes and supply certified copies of reasons on request (rules 5.5–5.6). Non-appearance by an appellant on bail can lead to summary dismissal, refusal to hear, or hearing in absence, plus warrant powers (rule 5.7). Successful appellants are entitled to repayment of penalties or costs unless the Court orders otherwise (rule 5.8). Interested parties may be heard on restitution orders (rule 5.9). Appellants ordered to face a new trial or re-sentence remain in custody subject to the Bail Act 2013 (rule 5.10).
Part 6 contains miscellaneous provisions. Registrar decisions on delegated powers are reviewable by the Court on request within tight time limits (rule 6.1). Savings and transitional provisions preserve acts done under the repealed Criminal Appeal Rules (rule 6.2). Rules 6.3 and 6.4 were repealed the day after commencement (rule 1.2(2)).
Who it affects
The Rules primarily affect appellants (convicted persons or defendants seeking to appeal convictions, sentences or interlocutory orders) and respondents (most often the Director of Public Prosecutions). Prosecutors exercising rights under ss 5D or 5DA of the 1912 Act are subject to shorter filing periods and stricter service obligations (rules 3.5(3), 3.7(2)). Australian legal practitioners acting in these matters must comply with notice-of-appointment, change, removal and withdrawal requirements (Division 2.4) and serve notices electronically where they have indicated an email address.
Unrepresented litigants benefit from Registrar-arranged service (rule 2.6) and special inmate notification rules (rules 3.18, 5.5). Inmates are also subject to deemed personal service via the manager of the place of detention (rule 2.9) and special postal filing rules (rule 2.3(6)(a)). Expert witnesses engaged to provide reports or oral opinion evidence are directly bound by the code imported by rule 4.5; failure to acknowledge the code invalidates service of their report and prevents admission of their evidence.
Court officers – the Registrar, Registry officers, trial court registrars and transcription agencies – bear significant administrative burdens: entering documents (rule 2.4), forwarding notices (rules 3.4, 3.16), supplying transcripts and exhibits (rules 2.20–2.22), notifying outcomes (rule 5.5) and exercising delegated powers (rule 4.8). The Chief Justice approves forms (rule 2.1). Trial judges must approve judgment transcripts before release (rule 2.21) and may be required to sign stated cases (rule 3.8). Protected confiders within the meaning of the Criminal Procedure Act 1986 Chapter 6 Part 5 Division 2 are shielded by mandatory service routes (rule 2.5(3)).
Corporations, including media organisations or victims’ representatives seeking access, must be served in accordance with statutory methods (rules 2.5(1)(e), 2.8). The Legal Aid Commission receives mandatory service in certain prosecutor appeals and on behalf of unrepresented protected confiders (rules 3.7(1)(b), 2.5(3)).
Key duties and rights
Appellants have the right to file a notice of intention to appeal that preserves their position for 12 months (rule 3.1(3)) and the right to seek extensions of time (rule 3.2). They must, however, file a formal notice of appeal within the applicable period or obtain leave (rule 3.5). Appellants enjoy rights to transcripts, documents and exhibits (rule 2.20), subject to non-disclosure orders, and prosecutors must assist with access to items no longer in the trial court’s custody (rule 2.22).
Parties have a right to apply for the Court to dispense with Rules (rule 1.4) or to give directions where the Rules are silent (rule 1.5). Legal practitioners must file and serve notices of appointment, change, removal or withdrawal; until filed, changes are ineffective for the Court (rule 2.18). Expert witnesses have a duty to acknowledge the code before their report can be served validly or their evidence received (rule 4.5). Once an expert conference is ordered, the joint report may be tendered as evidence of agreed matters; parties cannot lead inconsistent expert evidence without leave (rule 4.6(7)).
The Registrar has duties to forward originating process to the trial judge, trial court registrar, prosecutor and transcription agency (rule 3.16), to obtain DPP particulars (rule 3.17), and to notify prison managers of hearing dates (rule 3.18). Registry officers may refuse non-compliant documents (rule 2.3(8)). The Court retains overarching rights to manage cases (rule 4.1), to stay, adjourn or set aside orders where service is doubtful (rule 2.12), and to set aside or vary orders before or (within 14 days) after entry (rule 5.4).
Convicted persons subject to monetary orders may apply to the trial court for suspension pending appeal (rule 3.19). Successful appellants are entitled to repayment of penalties or costs unless the Court orders otherwise (rule 5.8). Persons affected by restitution or property orders have a right to be heard before the Court confirms, sets aside or varies them (rule 5.9).
Penalties and enforcement
The Rules themselves contain no criminal penalties; enforcement is through procedural sanctions. Failure to file within time renders an appeal or application incompetent without leave (rule 3.5(5)). Incomplete notices operate only as notices of intention (rule 3.6). Service non-compliance may lead to orders staying, adjourning or setting aside proceedings (rule 2.12). Expert reports served without code acknowledgment are invalid and inadmissible (rule 4.5(1)(b)–(c)).
Abandonment by filing the approved notice results in deemed dismissal of the appeal or refusal of leave (rule 5.1). Non-appearance by an appellant without reasonable excuse (onus on the appellant) permits summary dismissal, refusal to hear the matter, hearing in absence, issuance of a warrant, or other orders (rule 5.7). The Registrar’s warrant power under rule 5.7(3) is exercised under the hand of the Registrar.
The Court’s power to dispense with rules or give directions (rules 1.4–1.5) operates as a safety valve. Delegated powers exercised by the Registrar are reviewable; the Court may confirm, set aside or substitute decisions (rule 6.1(4)). Costs consequences may flow from non-compliance with expert conference or supplementary-report obligations (rule 4.6), though the Rules do not expressly quantify them.
How it interacts with other laws
The Rules are made under the 1912 Act and repeatedly invoke it. Section 10(1)(b) powers to extend time for notices of intention are delegated to the Registrar (rule 3.2(3)). Section 22(1)(l) powers are prescribed so that designated Judges may exercise case-management directions, access-to-file decisions, review of Registrar decisions and other listed powers (rules 2.20(8), 4.1(2), 4.7(1), 6.1(6)). Stated cases under ss 5A–5C, sentence appeals under ss 5D and 5DA, and interlocutory appeals under s 5F are expressly integrated (rules 3.5, 3.7, 3.8).
The Interpretation Act 1987 supplies definitions and compliance rules for approved forms (notes to rules 1.3, 2.2). The Criminal Procedure Act 1986 Chapter 6 Part 5 Division 2 supplies the “protected confider” concept that triggers mandatory service routes (rule 2.5(3) and definition in rule 2.5(5)). The Crimes (Appeal and Review) Act 2001 Part 7 references and applications are accommodated with modified terminology (rules 3.11–3.12). Guideline judgments under s 37 of the Crimes (Sentencing Procedure) Act 1999 are enabled (rules 3.13–3.14).
The Evidence (Audio and Audio Visual Links) Act 1998 s 5BB is engaged by the Registrar’s delegated power to direct physical appearance (rule 4.8(b)). The Electronic Transactions Act 2000 Schedule 1 clause 13 governs time of receipt of electronic service (note to rule 2.13). The Road Transport Act 2013 supplies definitions of driver licence and registration records for proof-of-service presumptions (rule 2.11(8)). The Bail Act 2013 governs continued detention after a successful appeal resulting in a new trial or re-sentence (rule 5.10).
The Uniform Civil Procedure Rules 2005 Schedule 7 expert code is imported wholesale (rule 4.2 definition of “the code” and rule 4.5). The Scale of Allowances Paid to Witnesses published in Government Gazette No 57 of 27 June 2014 governs witness expenses (rule 4.4).
Recent changes and why
The Rules commenced on 1 May 2021 and, the following day, repealed rules 6.3 and 6.4 (rule 1.2(2)). They replaced the Criminal Appeal Rules (repealed) with a modernised structure. Key innovations include explicit electronic filing and service pathways (rules 2.3(2), 2.5(1)(d), 2.5(4)), detailed timing rules for email and post (rules 2.3(7), 2.13), and express incorporation of the expert witness code and conference regime from the Uniform Civil Procedure Rules (rules 4.5–4.6). These changes reflect the shift toward digital court processes accelerated by the COVID-19 pandemic and the need for consistency with civil procedure.
Transitional provisions ensure continuity: acts done under the old Rules have effect under the new Rules, and existing notices of intention continue for their remaining life (rule 6.2). The 12-month life of a notice of intention (rule 3.1(3)) was preserved and extended to new notices. The Registrar’s delegated powers were expanded and clarified (rule 4.8), with a streamlined review mechanism (rule 6.1). The changes were designed to reduce technical traps, facilitate access for self-represented and incarcerated litigants, and improve case management efficiency while maintaining the substantive appeal rights conferred by the 1912 Act.
Court challenges and controversies
The source text contains no reported court challenges to the validity or interpretation of these specific Rules. Rule 4.15, which bars certain evidentiary rulings from being grounds of appeal without leave unless objection was taken at trial, reflects long-standing statutory policy under the 1912 Act and has not generated fresh controversy on the face of the Rules. The strict time limits in rule 3.5 and the limited 14-day window to seek variation of entered orders (rule 5.4(4)–(6)) have the potential to produce procedural disputes, but the text itself does not record any.
The delegation of powers to the Registrar (rule 4.8) and the review mechanism (rule 6.1) are expressed to be prescribed under s 22(1)(l) of the 1912 Act; the text does not disclose any constitutional or jurisdictional challenge to that prescription. The protected-confider service rules (rule 2.5(3)) implement Chapter 6 Part 5 Division 2 of the Criminal Procedure Act 1986 without adding new controversy. No cases are cited in the Rules, and none are invented here.
Gotchas
Most practitioners assume that filing a notice of intention to appeal automatically preserves appeal rights for the full 12 months, yet rule 3.3 requires an amended notice (and possibly an extension application) if the appellant later decides to challenge both conviction and sentence; the amended notice runs only for the balance of the original 12 months. The “incomplete notice operates as notice of intention” rule (rule 3.6) is a trap for those who file a bare notice without the required accompanying documents listed in the approved form.
Expert witnesses and their instructing solicitors frequently overlook that a supplementary report changing a material opinion must be served “immediately” (rule 4.5(2)); failure renders the earlier report unusable by the engaging party or anyone in the same interest. The 14-day non-extendable window to seek variation of an entered order (rule 5.4(4)–(6)) is shorter than many assume and cannot be enlarged even by consent. Inmate appellants must realise that personal service is effected simply by leaving the document with the prison manager (rule 2.9), yet the manager is not required to pass it on immediately, creating timing risks.
Rule 4.15 is often forgotten: an evidentiary ruling cannot ground an appeal without leave unless objection was taken at trial; many appeals founder on this procedural prerequisite. Prosecutors appealing under s 5D have only 28 days and must personally serve unrepresented defendants (rule 3.7(2)); electronic service is not automatic. The Registrar’s power to refuse filing for incompleteness (rule 2.3(8)) survives even if a Registry officer previously accepted the document (rule 2.3(9)), producing nasty surprises on the eve of hearing.
How to comply
Practitioners should begin by obtaining the current approved forms from the Court’s website or registry (rule 2.1(2)). Every originating document must be in the approved form, signed by the appellant or their legal practitioner, and accompanied by all listed attachments (rules 3.1, 3.5, 3.15). Electronic lodgement to the Registry email is permitted for notices of intention and extension applications and is deemed filed on the day sent if before 5 pm on a business day (rule 2.3(7)).
Service must be proved by a statement containing every item listed in rule 2.11(2); a copy of the document must be annexed or clearly identified. For electronic service, retain dispatch evidence. Where an expert is engaged, provide the code at the outset, obtain a written acknowledgment before serving any report, and serve any supplementary report changing a material opinion on the same day it is received (rule 4.5). Joint expert reports should be sought wherever the Court directs a conference; parties cannot lead inconsistent evidence without leave (rule 4.6(7)).
Monitor the 12-month life of any notice of intention (rule 3.1(3)) and file the formal notice of appeal before it expires or obtain leave for late filing (rule 3.5). If additional grounds are required, file a formal leave application (rule 4.13). To abandon a ground or the entire appeal, use the approved notice (rules 4.14, 5.1). Keep the Registrar informed of changes of practitioner and ensure notices are both filed and served before relying on them (rule 2.18).
For access to trial material, request it promptly from the trial court registrar or transcription agency once the notice is filed; if the judgment transcript is delayed, apply to the Registrar for the draft (rule 2.21(2)). Inmate clients should be advised that the prison manager will be notified of hearing dates (rule 3.18) and that service occurs via the manager (rule 2.9). Before any hearing, check whether case-management directions have been given under rule 4.1 and comply strictly; the Registrar can also give many of these directions (rule 4.8).
On resolution, request certified copies of orders and reasons promptly if needed for further proceedings (rule 5.6). If a monetary order has been paid, prepare to seek repayment immediately upon success (rule 5.8). Where a new trial or re-sentence is ordered, advise the client that continued detention applies subject only to bail (rule 5.10). Maintain a diary for the 14-day variation window (rule 5.4) and the 21-day (or 7-day pre-hearing) Registrar-review window (rule 6.1(3)). Regular audit of files against the Dictionary definitions and the exact cross-referenced sections of the 1912 Act will prevent the majority of procedural dismissals.