| Federal Court of Australia | |
| Practice Notes issued by the Chief Justice |
| No. 1. Appeals to a Full Court |
| Status: | Revoked |
| Date issued: | 8 April 1994 |
| Date revoked: | 9 February 2001 |
| Version history: |   25 September 2009 (APP 1) 3 January 2008 14 August 2003 9 February 2001 8 April 1994 25 July 1991 20 September 1990 7 May 1990 |
Practice Note No. 1 issued on 25 July 1991 is revoked and the following Practice Note No. 1 is substituted.
A – Listings for Full Court Sittings
The District Registrar will prepare a list of all appeals pending for hearing before a Full Court.
Where the number of appeals justifies a call-over, the District Registrar will forward to the solicitors on the record, or where there is no solicitor, to the party, a notice of call-over which will include the call-over date.
The list will be called over before a Judge or a Registrar. At the call-over the representatives of the parties should advise the Court whether the appeal index has been settled, whether the appeal books have been prepared, the names of counsel appearing to argue the appeal, the preferred dates for hearing, and the expected duration of the appeal. The hearing date, with a “not before” marking, will be fixed within the range of dates published for the sittings of a Full Court. If the circumstances require it, a hearing date may be fixed outside the published range of dates. Those appeals not fixed for hearing may be adjourned to the following call-over of Full Court appeals or other directions may be made.
After the call-over, the District Registrar will publish a list of those matters which have been included in the sittings. This list will provide, amongst other things, the hearing date for each appeal. This list will be sent to all solicitors on the record, or where there is no solicitor, to the party, and to the Bar Association of the State or Territory in which the sittings are to be held. An appeal which has been fixed for hearing may be removed from the list only on the direction of a Judge.
Where the number of appeals does not justify a call-over, the District Registrar will obtain from the solicitors on the record, or from any unrepresented party, the information normally provided at a call-over. After consultation with a Judge, the District Registrar will publish a list of those matters included in the sittings. The list will provide, amongst other things, the hearing date for each appeal. This list will be sent to all solicitors on the record, to unrepresented parties and to the Bar Association of the State or Territory. Matters may only be removed from this list on the direction of a Judge.
Appeals may be added to the published lists only on the direction of a Judge.
B – Lists of Authorities and Legislation
1. Five copies of a typewritten list of authorities and legislation should be lodged with the District Registry at the place where the appeal is to be heard not less than two working days before the hearing of the appeal.
2. A copy of the list of authorities and legislation should, on the last working day before the hearing of the appeal, be given to all other counsel briefed in the matter.
3. The list should be divided into two parts. Part “A” should contain only the authorities and legislation from which passages are to be read. Part “B” should contain the authorities and legislation which counsel consider might be referred to but from which passages are not to be read. The relevant sections of legislation should be specified.
4. The Court will not ordinarily obtain for the use of the judges the cases on counsel’s list of authorities except:
(a) Cases in Part “A” of the list that are reported in the Commonwealth Law Reports, the Federal Court Reports or the Australian Law Reports; and
(b) No more than five additional cases in Part “A” of the list, being cases identified on the list by an asterisk.
5. It is the responsibility of a party intending to refer at any length to additional cases to provide photocopies of those cases (or relevant parts of them) for the use of the judges, to be handed up during the argument.
6. It is the responsibility of a party intending to rely upon any material (including a judgment) contained in a loose-leaf service, or to rely upon any unreported judgment, to provide photocopies for the use of the judges, to be handed up during the argument.
7. Parties should also provide for the use of the judges photocopies of any sections of legislation critical to the case.
8. Cases in Part “B” of a list of authorities will not be brought into court before the hearing begins. If counsel decides to refer at any length to such a case during the hearing, counsel should, as soon as possible, have a note passed to the court officer that the particular case will be required, or else provide photocopies for the use of the judges.
9. An extra copy of the list of authorities should be supplied to the Librarian of the relevant District Registry two days before the hearing in the case of the appellant and one day before the hearing in the case of the respondent.
10. It is the responsibility of the solicitors for the parties to ensure that this Practice Note is drawn to counsel’s attention.
C – Notice of Points of Appeal Abandoned
It is expected that counsel for the appellant will, within a reasonable time before the hearing of the appeal, give notice to the other parties to the appeal of any grounds of appeal to be abandoned.
D – Summaries of Arguments
The procedure set out below should be used except in those cases in which it appears to the Court or counsel that, because of the complexity of the case, more notice of the details of the argument to be advanced is needed; in those cases, the question should be raised at a directions hearing or at the call-over and a special order for early delivery of summaries of arguments sought.
Counsel for the appellant should ensure that on the last working day before the hearing there is lodged with the District Registry at the place where the appeal is to be heard six copies of a typewritten summary of the appellant’s argument and that a copy is given to all other counsel briefed in the matter.
Counsel for all other parties should, as they commence their argument, hand up to each member of the Bench, and pass to all other counsel appearing, a typewritten summary of their argument. Three extra copies should be provided for the Court file, the court reporting service and the authorised reports.
The summary should set out in numbered paragraphs an outline of each contention of law or fact on which counsel wishes to rely. The summary should be brief and should not ordinarily exceed three A4 pages in length. It will assist the Court if all necessary references to the appeal book, to any statutes and to the principal authorities relied upon are included. The summary should also contain a reference to any extrinsic material to which it is intended to refer. Copies of extrinsic material should be provided.
The summary will not in any way inhibit the development of argument; it may be departed from if counsel sees a need to do so.
Counsel for the appellant should assume, in opening the appeal, that the members of the court have read the judgment and/or summing up of the court appealed from and the notice of appeal.
E – Chronology
In all cases where the nature or the complexity of the appeal makes a chronology appropriate, it is expected that counsel for the appellant, prior to the commencement of argument, will hand up for each member of the Bench (and pass to all other counsel appearing) a typewritten chronology of the relevant facts. Three extra copies should be provided.
M.E.J. BLACK
Chief Justice
8 April 1994