6Time for appeal

6 Time for appeal

6 Time for appeal

(1) Subject to subrules (1A) and (2) and any provisions made by or under any Act, an appeal must be instituted within 28 days after the material date.

(1A) If an application is made to a Local Court under Part 2 of the subject Act, the time for instituting an appeal does not start to run until the application under Part 2 is finally disposed of.

(2) Time fixed by subrule (1) may be extended—

(a) by the Court at any time, or

(b) where the decision appealed from is that of a magistrate—by the tribunal below, but only within the time fixed by subrule (1) for instituting an appeal (as extended by subrule (1A)) or on application filed within that time.

(3) A party applying to the Court for an extension of time under subrule (2) (a) shall—

(a) include that application in the summons instituting the appeal, or

(b) lodge with his or her notice of motion or summons a draft, completed as far as possible, of the summons under rule 7 and the statement under rule 8, to be filed if an extended time is fixed.