These Rules set the procedural framework for criminal appeals in the Supreme Court: how appeals and related applications are started, filed, served and disposed of; transcript and trial-file access; evidence and expert-witness procedures; approved forms; and Registrar/Court powers and review.
They affect appellants, respondents, lawyers, registry staff, judges, prosecution/aid agencies and witnesses. They matter because they standardise practice but increase paperwork and compliance costs, centralise procedural discretion with the Court/Registrar, and create potential delay points (transcripts, registry processing, formal proof-of-service).
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.
(1) The Chief Justice may approve forms from time to time for documents to be used in connection with proceedings or proposed proceedings in the Court.
(2) Copies of the approved forms are to be made available for inspection at the registry of the Court and on the Court’s website.
Part 3
Commencement of proceedings
Part 3 Commencement of proceedings
Part 3 Commencement of proceedings
Division 3
Appeals
Division 3 Appeals
Division 3.1 Appeals
pt.3-div.3.1-sdiv.1
Notices of intention to appeal
pt.3-div.3.1-sdiv.1 Notices of intention to appeal
Subdivision 1 Notices of intention to appeal
Note—
The Dictionary in Schedule 1 defines notice of intention to appeal to include a notice of intention to apply for leave to appeal.
3
Notice of intention to appeal
3 Notice of intention to appeal
3.1 Notice of intention to appeal
(1) A notice of intention to appeal is to be given by filing a notice in the approved form.
(2) The notice must be signed by the appellant or an Australian legal practitioner representing the appellant.
(3) A notice of intention to appeal has effect for a period of 12 months after the day it is filed.
pt.3-div.3.1-sdiv.2
Notices of appeal
pt.3-div.3.1-sdiv.2 Notices of appeal
Subdivision 2 Notices of appeal
Note—
The Dictionary in Schedule 1 defines notice of appeal to include a notice of application to apply for leave to appeal.
Part 4
Conduct of proceedings
Part 4 Conduct of proceedings
Part 4 Conduct of proceedings
Division 4
Case management
Division 4 Case management
Division 4.1 Case management
4
Court may give directions concerning case management
4 Court may give directions concerning case management
4.1 Court may give directions concerning case management
(1) The Court may give directions by way of case management for the timely and efficient conduct of proceedings before the Court.
(2) The power of the Court under subrule (1) is prescribed for the 1912 Act, section 22(1)(l) as a power of the Court that may be exercised by a designated Judge.
Part 5
Resolution of proceedings
Part 5 Resolution of proceedings
Part 5 Resolution of proceedings
Division 5
Abandoning proceedings
Division 5 Abandoning proceedings
Division 5.1 Abandoning proceedings
5
Abandoning proceedings
5 Abandoning proceedings
5.1 Abandoning proceedings
(1) An appellant may abandon an appeal or application for leave to appeal by filing a notice in the approved form.
(2) On the receipt of the notice—
(a) for an appeal—the appeal is taken to have been dismissed by the Court, or
(b) for an application for leave to appeal—the application is taken to have been refused by the Court.
Part 6
Miscellaneous
Part 6 Miscellaneous
Part 6 Miscellaneous
6
Review of certain decisions of Registrar
6 Review of certain decisions of Registrar
6.1 Review of certain decisions of Registrar
(1) This rule applies if—
(a) a provision of these Rules provides the Registrar may exercise a specified power of the Court, and
(b) an application is made to the Registrar to exercise the power (a registrar application), and
(c) the Registrar grants or refuses the application.
(2) The Registrar is to refer a registrar application to the Court for review at the request of a relevant party.
(3) A request to refer a registrar application to the Court for review must be made within 21 days after the Registrar grants or refuses the registrar application, but no later than 7 days before the hearing of the proceedings in which the application is made.
(4) On a review of a registrar application, the Court may—
(a) confirm the decision of the Registrar to grant or refuse the application, or
(b) if the Registrar has refused the application—exercise the power sought in the application, or
(c) if the Registrar has granted the application—
(i) set aside the Registrar’s decision, or
(ii) set aside the Registrar’s decision and make another decision in substitution for the Registrar’s decision.
(5) The Court may determine a review of a registrar application on the papers.
(6) The power of the Court to conduct a review under this rule is prescribed for the 1912 Act, section 22(1)(l) as a power of the Court that may be exercised by a designated Judge.
(7) In this rule—
relevant party, in relation to a registrar application, means—
(a) a party to the application, or
(b) a party to the proceedings in which the application is made.
Source text: opening excerpt
Sourced from legislation.nsw.gov.au, CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
Part 1 Preliminary
1 Name of Rules
1 Name of Rules
1.1 Name of Rules
These Rules are the Supreme Court (Criminal Appeal) Rules 2021.
1 Commencement and repeals
1 Commencement and repeals
1.2 Commencement and repeals
(1) These Rules commence on 1 May 2021.
(2) Rules 6.3 and 6.4 are repealed on 2 May 2021.
1 Interpretation
1 Interpretation
1.3 Interpretation
(1) The Dictionary in Schedule 1 defines words used in these Rules.
Note—
The Interpretation Act 1987 contains definitions and other provisions affecting the interpretation and application of these Rules.
(2) Words used in these Rules defined for the 1912 Act have the same meanings as in the 1912 Act, except to the extent they are defined differently in these Rules or the context or subject-matter indicates or requires a different meaning.
1 Court may dispense with Rules in particular cases
1 Court may dispense with Rules in particular cases
1.4 Court may dispense with Rules in particular cases
(1) The Court may, by order, dispense with a requirement of these Rules in relation to particular proceedings in the Court if satisfied it is appropriate to do so in the circumstances of the case.
(2) The Court may dispense with compliance with a requirement either before or after the occasion for the compliance arises.
1 Court may give directions in circumstances not covered by Rules
1 Court may give directions in circumstances not covered by Rules
1.5 Court may give directions in circumstances not covered by Rules
The Court may give directions in relation to particular proceedings in the Court concerning an aspect of practice or procedure for which these Rules does not provide.
Part 2 Documentation, evidence and representation
Part 2 Documentation, evidence and representation
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.
(1) The Chief Justice may approve forms from time to time for documents to be used in connection with proceedings or proposed proceedings in the Court.
(2) Copies of the approved forms are to be made available for inspection at the registry of the Court and on the Court’s website.
2 Use of approved forms
2 Use of approved forms
2.2 Use of approved forms
Subject to these Rules, a document filed with or issued by the Court for which there is an approved form is to be in the approved form.
Note—
See the Interpretation Act 1987, section 80 about compliance with approved forms.
Division 2 Filing
Division 2 Filing
Division 2.2 Filing
2 Filing generally
2 Filing generally
2.3 Filing generally
(1) A person may lodge a document for filing in relation to proceedings or proposed proceedings in the Court by—
(a) delivering it to a Registry officer, or
(b) sending it by post to the Registry’s business address, or
(c) using another method approved by the Registrar for documents of the kind concerned.
(2) Without limiting subrule (1), each of the following documents may be lodged for filing by sending the document by electronic communication to the email address of the Registry—
(a) a notice of intention to appeal,
(b) an application to extend the time for filing a notice of intention to appeal.
(3) A document lodged for filing must be in hard copy unless—
(a) the document is permitted or required under these Rules to be sent by electronic communication to the email address of the Registry, or
(b) the Court or the Registrar orders differently.
(4) A person may lodge a document with a Registry officer for filing in relation to proceedings or proposed proceedings in the Court.
(5) Unless acceptance of the document is subsequently refused by the Court or by a Registry officer, a document is taken to have been filed when it is lodged for filing.
(6) A document sent by post to the Registry’s business address is taken to have been lodged for filing—
(a) for a document provided for posting to an officer of the place of detention by an inmate—on the day specified by the officer on the document as the day it was provided to the officer for posting, or
(b) for another document—when it is received by the Registry.
(7) A document sent by electronic communication to the business email of the Registry is taken to have been lodged for filing—
(a) if sent on or before 5 pm on a business day—on the day it is sent, or
(b) if sent after 5 pm on a business day or on a non-business day—on the next business day.
(8) A Registry officer may refuse to accept a document for filing if—
(a) the required number of copies of the document have not been lodged, or
(b) the document is incomplete, or
(c) the document has not been completed in accordance with the requirements specified in the approved form for the document.
(9) The Court or a Registry officer may refuse to accept a document for filing regardless of whether or not a Registry officer has previously accepted the document for filing.
2 Filed documents to be entered in record system
2 Filed documents to be entered in record system
2.4 Filed documents to be entered in record system
The Registrar is to cause filed documents to be entered in the Court’s computerised record system.
Division 2 Service
Division 2 Service
Division 2.3 Service
2 Service of documents
2 Service of documents
2.5 Service of documents
(1) Subject to these Rules, a document may be served on a person (the recipient)—
(a) by personal service, or
(b) by posting a copy of the document, addressed to the recipient, to the recipient’s business or residential address, or
(c) by leaving a copy of the document, addressed to the recipient, with a person who is apparently of or above the age of 16 years and apparently employed or residing at the recipient’s business or residential address, or
(d) by transmitting an electronic copy of the document, addressed to the recipient, to the recipient’s email address, if the method of service has been consented to by the recipient, or
(e) for service on a corporation—by serving the document on the corporation in a way in which service of the document may, by law, be served on the corporation.
(2) For a recipient who is represented by an Australian legal practitioner in the proceedings, service of a document on the recipient may also be effected—
(a) by serving the document personally on the Australian legal practitioner, or
(b) by posting a copy of the document, addressed to the Australian legal practitioner, to the Australian legal practitioner’s business address, or
(c) by leaving a copy of the document, addressed to the Australian legal practitioner, in the Australian legal practitioner’s DX box at the address or in another DX box for transmission to the DX box, unless the notice of appearance or notice of appointment does not include a DX address, or
(d) by transmitting an electronic copy of the document to the Australian legal practitioner’s email address, unless the notice of appearance or notice of appointment does not include an email address.
(3) Despite subrule (1), a document to be served on a protected confider must be served on—
(a) if the confider is represented by an Australian legal practitioner—the legal practitioner, or
(b) if the confider is not represented by an Australian legal practitioner—the Legal Aid Commission.
(4) Despite the other provisions of this rule, a document may be served under this rule by electronic means without consent if the Court so orders.
(5) In this rule—
protected confider means a person who is, or claims to be, a protected confider within the meaning of the Criminal Procedure Act 1986, Chapter 6, Part 5, Division 2 in relation to a document or evidence in the proceedings.
2 Service by Registrar for unrepresented persons
2 Service by Registrar for unrepresented persons
2.6 Service by Registrar for unrepresented persons
The Registrar is to arrange for the service of a document on behalf of a person if the person is not represented by an Australian legal practitioner.
2 How personal service is effected generally
2 How personal service is effected generally
2.7 How personal service is effected generally
(1) Personal service of a document on a person is effected by leaving a copy of the document with the person or, if the person does not accept the copy, by putting the copy down in the person’s presence and telling the person the nature of the document.
(2) If, by violence or threat of violence, a person attempting service is prevented from approaching another person to deliver a document to the other person, the person attempting service may deliver the document to the other person by leaving it as near as practicable to the other person.
(3) Service in accordance with subrule (2) is taken to constitute personal service.
2 Personal service on corporation
2 Personal service on corporation
2.8 Personal service on corporation
(1) Personal service of a document on a corporation is effected—
(a) by personally serving the document on a principal officer of the corporation, or
(b) by serving the document on the corporation in any other way in which service of the document may, by law, be served on the corporation.
(2) In this rule—
principal officer, in relation to a corporation, means—
(a) the chairman or president, however described, of the governing body of the corporation, or
(b) the general manager, chief executive officer or other person, however described, having general management of the affairs of the corporation, or
(c) the secretary, treasurer or other person, however described, having the general function of accepting correspondence on behalf of the corporation.
2 Personal service on inmate of place of detention
2 Personal service on inmate of place of detention
2.9 Personal service on inmate of place of detention
Personal service of a document on an inmate of a place of detention is effected by leaving a copy of the document with the manager of the place of detention at which the inmate is held in custody.
2 Substituted service of documents
2 Substituted service of documents
2.10 Substituted service of documents
(1) On the application of a party, the Registrar may, by order, direct service of a document issued in proceedings to be effected differently than a way specified by this Division.
(2) An application for an order for substituted service may be made—
(a) orally, or
(b) in the approved form.
2 Proof of service
2 Proof of service
2.11 Proof of service
(1) A person seeking to prove a document has been served by the person in relation to proceedings must complete a statement as to service of the document served.
(2) The statement must include the following matters—
(a) the date service was effected,
(b) the method of service,
(c) the name, address and occupation of the person serving the document,
(d) if the document was served personally, the person to whom it was delivered,
(e) if the document was served by post—
(i) the information, and the source of the information, the person relied on in obtaining the address to which it was posted, and
(ii) the time and place of posting,
(f) if the document was served by electronic communication to an email address—
(i) the information, and the source of the information, the person relied on in obtaining the email address to which it was sent, and
(ii) the date on which the email was sent.
(3) A copy of the document served must be attached to the statement or the statement must clearly identify the document.
(4) The statement must be signed by the person serving the document and a witness to the signature.
(5) For a document served by a police officer or a public officer, the statement is not required to be signed.
(6) If service is effected by electronic communication to an email address, the party relying on service must produce to the Court, if requested to do so by the Court, evidence of the date the document was dispatched.
(7) If service is effected by post by a person other than a Registry officer, the party relying on service is, in the absence of evidence to the contrary, taken to have effected service if the person produces evidence of—
(a) an acknowledgement of receipt of the document by the person to whom it was directed, or
(b) the address appearing on the document being the address provided by the person served for service of documents in the proceedings, or
(c) the address appearing on the document being the address of the person served on a current driver licence, or
(d) the address appearing on the document being the address of the person served as shown on registration records.
(8) In this rule—
driver licence means a driver licence within the meaning of—
(a) the Road Transport Act 2013, or
(b) a corresponding law of another State or a Territory.
registration records means—
(a) records kept by Transport for NSW under the Road Transport Act 2013 of the current registration of motor vehicles or trailers, or
(b) records kept by an authority under a corresponding law of another State or a Territory.
2 Doubtful service
2 Doubtful service
2.12 Doubtful service
If a document issued in proceedings is not served personally, the Court may, on the application of a party or of its own motion, do the following if satisfied there is a doubt as to whether the document came to the party’s notice within a reasonable time—
(a) stay the proceedings,
(b) adjourn the proceedings,
(c) set aside an order made in the proceedings.
2 Time of service for a document sent by DX
2 Time of service for a document sent by DX
2.13 Time of service for a document sent by DX
Unless the contrary is proved, a document left in a DX box in accordance with this Division is taken to have been served at the end of the second day following the day on which the copy is so left.
Note—
See the Electronic Transactions Act 2000, Schedule 1, clause 13 as to when an electronic copy of a document is taken to have been delivered to an electronic mail address.
Division 2 Appointment and removal of representatives
Division 2 Appointment and removal of representatives
Division 2.4 Appointment and removal of representatives
2 Appointment of practitioner
2 Appointment of practitioner
2.14 Appointment of practitioner
(1) A party who, after proceedings are commenced, appoints an Australian legal practitioner to act on the party’s behalf must file notice of the appointment.
(2) A copy of the notice of appointment, as filed, must be served on all other parties if the Australian legal practitioner intends to file or serve documents electronically.
This is an opening excerpt, not the complete document.