Federal Court of Australia

Note: This Notice was superseded May 2009

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 27 provides that at least 7 days 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 a chronological list of all documents received in evidence that the appellant proposes to reproduce in the appeal papers, and serve a copy on the respondent(s).

• Rule 26 provides for the arrangement of the documents in the appeal book, to be divided into Parts A, B and C as shown in the table in that Rule.

• The index should show the date and page number of each document reproduced and in particular:

  (a) in Part 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;

  (b) in Part C each exhibit or annexure to an affidavit should be identified by an appropriate brief description.

• Rule 28B deals with the preparation of appeal papers. It outlines the requirements regarding the title page and index for each Part, and provides that pagination of both Parts A and C must begin with the number 1, and Part B must be numbered in accordance with the official transcript page numbers.

• Parties are encouraged to file appeal books which are printed on both sides of a page provided there is no loss of clarity in doing so.

• This notice to practitioners should be read in conjunction with Practice Note 1 issued by the Chief Justice on 3 January 2008.

Sia Lagos
District Registrar
Victoria District Registry
Federal Court of Australia