680AAppeal from Associate Judge

680A Appeal from Associate Judge

[Rule 680A of Part 27 Inserted by S.R. 2005, No. 100, Applied:31 Aug 2005]

(1)  [Rule 680A Subrule (1) substituted by S.R. 2012, No. 91, Applied:01 Dec 2012] In this rule –

final judgment includes any judgment other than a decision on a matter of procedure –

(a) that disposes of an application to extend or waive a time limit on the start of proceedings that is imposed by statute; or

(b) that disposes of an application to extend or waive a time limit on the continuation of proceedings that is imposed by statute; or

(c) that disposes of an application to set aside a judgment; or

(d) that disposes of an application to dismiss proceedings for want of a prosecution; or

(e) by which the rights of the parties are finally concluded in respect of any matter in question in a proceeding;

interlocutory judgment is any judgment other than a final judgment;

judgment includes any decision, order or other determination.

(2)  [Rule 680A Subrule (2) amended by S.R. 2008, No. 2, Applied:01 Mar 2008] [Rule 680A Subrule (2) substituted by S.R. 2012, No. 91, Applied:01 Dec 2012] A person affected by a judgment of the Associate Judge may appeal against the whole or any part of the judgment by a notice of appeal to –

(a) the Full Court, if the judgment was a final judgment; or

(b) a judge sitting in chambers, if the judgment was an interlocutory judgment and was given in chambers; or

(c) a judge sitting in court, if the judgment was an interlocutory judgment and was given in court.

(3)  An appeal is to be instituted –