Notice to Appellants - Draft Index of Appeal Papers

Notice to appellants - draft index of appeal papers

The following practices should be adopted whenever an appeal book or application book is to be prepared, although references are to Order 52 which governs appeals to the Full Court

• Rule 26 provides that before the date appointed for settling the appeal papers the appellant shall prepare and file in the Registry a draft index of the appeal papers and serve a copy on the respondent(s) a reasonable time before the appointment. In the ordinary event the draft should be filed and served on or before the Friday preceding the appointment.
• Rule 28 provides for preparation of appeal papers.
• Subrule 28(2) provides that there shall be an index of the documents and subrule 28(3) provides for the arrangement of the documents in the appeal book.
• Only those documents that are essential for the argument of the appeal are to be produced in the appeal book. The registrar may give directions in this regard pursuant to Rule 27 when settling the index.
•  The index should show the date and page number of each document reproduced and in particular:

(a) each exhibit or annexure to an affidavit should be identified by an appropriate brief description;

(b) transcripts of oral evidence should be identified by providing the name of the witness, the date of the evidence and the transcript page reference: the index should also, where appropriate, separate examination in chief, cross-examination, re-examination and any recalling of the witness.

• Notwithstanding the provisions of subrule 28(4) documents to be included in the appeal book need not be re-typed but may be photocopied, so long as the copies are clearly legible. Appeal books may be printed on both sides of a page provided there is no loss of clarity in doing so.

P. Seccombe
District Registrar
Victoria District Registry
Federal Court of Australia