Popular keywords
Alert-2 Note

This page is for matters that the Rules of Court 2021 apply to. For content relating to matters that the Rules of Court 2014 apply, click here.

If you are uncertain as to which version of the Rules of Court applies to your matter, click here.

Need help?

The information here is for general guidance as the courts do not provide legal advice. If you need further help, you may want to get independent legal advice.

Find out more

Resources

Legislation associated with this topic includes:

Related questions

At any time before the appeal is heard or dealt with, you may file and serve on the parties to the appeal a notice of the withdrawal of the appeal in Form 34, Rules of Court 2021.

Upon the filing of Form 34 and if there are no outstanding issues relating to costs or other matters, the appeal is deemed withdrawn. If all the parties to the appeal consent to the payment of the security for costs to the appellant or the respondent (as the case may be), the appellant or the respondent (as the case may be) must file the document signifying such consent signed by the parties and in such event, the security for costs must be paid to the appellant or the respondent (as the case may be) and any solicitor’s undertaking is discharged.

If there are outstanding issues relating to costs or other matters, the appellant or any other party to the appeal may make a written request to the appellate court for directions on those issues.

 

Generally, filing fees are not refundable if the appeal is withdrawn.

If there is consent between the parties as to the payment of the security for costs, the security will be paid out pursuant to the terms of agreement.

If there is no consent between the parties as to the payment of the security for costs, parties may make a written request to the appellate court for directions on the disposal of the security for costs.

If costs have been awarded in your favour, you may request the deposit to be returned to you.

If costs have been awarded against you, the deposit will go towards the amount of costs that have been awarded against you.

For Order 18 Appeals

You will receive a notice of appeal from the party who filed the appeal. The appeal will proceed by way of a rehearing on the documents filed by the parties before the lower court.

You should refer to the following table for the documents that are to be filed and served for the appeal. When you are required to file and serve these documents would depend on the certification given by the lower court concerning the grounds of decision. Please refer to Order 18 Rule 33(5) of the Rules of Court 2021 for the timelines that are applicable to your case

Written submissions

Please note that there is a prescribed page limit of 35 pages for the written submissions. 

The written submissions must include, in the concluding paragraphs, submissions on the appropriate costs orders to be made in the appeal.

If you refer to a document in the written submissions, you should indicate where the document can be found in the case file in the proceedings in the lower court. You should provide: (a) a clear description of the document; (b) the date on which the document was electronically filed; and (c) where the document forms part of an electronic filing, the exact page in the PDF version of the electronic filing where the document may be found. 

 

 

Appeals Information SheetThis is to be completed using Form 19, Appendix B, Supreme Court Practice Directions 2021 and is to be filed and served along with the written submissions.

For Order 19 Appeals

 You will receive a notice of appeal from the party who filed the appeal. After that, you will receive the record of appeal, appellant’s Case (including any bundle of authorities), appellant’s core bundle of documents and appellant’s Appeals Information Sheet.

You must file the following documents within 28 days of the service of the appellant’s Case.

Respondent’s Case (including any bundle of authorities)

Please note that there is a prescribed page limit of 55 pages for the respondent’s Case. 

The respondent’s Case must contain certain information (refer to Order 19 Rule 31  of the Rules of Court 2021). For example, it should contain:

  • your arguments (submissions) for the appeal and authorities (relevant case law, statutes, subsidiary legislation and other material) that support your submissions;
  • in the concluding paragraphs of the respondent’s Case, your submissions on the appropriate costs orders to be made on appeal and submissions on the amount of costs and disbursements that should be awarded.

The estimated fee for the filing of a respondent’s Case is $1,000 if the page limit is not exceeded. You will need the permission of the court to exceed the prescribed page limit. If you have such permission, the fees that will be imposed are set out at the last row of this table . (This does not include additional fees payable to the LawNet & CrimsonLogic Service Bureau.)

 

 


Respondent’s core bundle of documents (if any)


Please note that there is a prescribed page limit of 35 pages.

When preparing the core bundle of documents, please refer to the requirements set out in Paragraph 121 of the Supreme Court Practice Directions 2021.

Please note that you should not exhibit duplicate documents in the respondent’s core bundle of documents if such documents are already included in the appellant’s core bundle of documents.
Appeals Information SheetThis is to be completed using Form 19, Appendix B, Supreme Court Practice Directions 2021 and is to be filed and served along with the respondent’s Case

For both Order 18 Appeals and Order 19 Appeals

 

You should file the relevant documents via eLitigation. If you are representing yourself, visit the LawNet & CrimsonLogic Service Bureau to file. Please ensure that the correct document code is selected for the filing of all documents on eLitigation.

You must serve the relevant documents for the appeal on the appellant within the prescribed timelines in the Rules of Court 2021. This means giving them a copy of the document in any of the ways set out in Order 7 Rule 3 of the Rules of Court 2021. 

Please refer to “Points to note for Order 18 appeals and Order 19 appeals”. 

 

For Order 19 appeals, you may file an appellant’s Reply within 14 days after the respondent’s Case is served on you. The prescribed page limit is 25 pages. Please refer to Order 19 Rule 30(11) and Order 19 Rule 31(4) of the Rules of Court 2021.

For Order 18 appeals, both parties can only file one set of written submissions and both parties cannot file a further reply.

Alert-2 Note

This page is for matters that the Rules of Court 2021 apply to. For content relating to matters that the Rules of Court 2014 apply, click here.

If you are uncertain as to which version of the Rules of Court applies to your matter, click here.


Share this page:
Facebook
Twitter
Email
Print