Practice Note APP 1

PA Keane, Chief Justice 01 August 2011

This Practice Note is REVOKED

On 25 October 2016, as part of the National Court Framework reforms, all existing practice documents were revoked and new national practice notes were issued, effective immediately.

To assist Court users to understand these practice note changes, the Court has prepared:

Listings for Full Court and appellate sittings

RTF version (119.2 kb)

1.    Introduction

1.1  This Practice Note applies to all parties, including parties not represented by a lawyer, in relation to:

(a)  appeals or applications to be heard by a Full Court; and
(b)  appeals to be heard by a single judge in the Court’s appellate jurisdiction pursuant to sections 24 and 25 of the Federal Court of Australia Act 1976 (Cth) (‘the Act’) excluding appeals brought under the Migration Act 1958 (Cth).

2.    Full Court and appellate sittings listing arrangements

2.1  The District Registrar will prepare a list of appeals and other matters waiting to be heard.

2.2  The District Registrar will forward a notice of call-over to the lawyers on the record and to any unrepresented parties. The notice will state the date of the next call-over.

2.3  The list will be called over before a Judge or a Registrar.  At the call-over the parties must be in a position to advise the Court:

  • of the nature of the matter and the essential issues and how they arise;
  • of the nature of any cross appeal filed or to be filed;
  • of the nature of any notice of contention filed or to be filed;
  • whether there are any interlocutory applications still to be dealt with;
  • whether, in an appeal that is to be heard by a single Judge pursuant to section 25(1AA)(a) or section 25(5)(a) of the Act, a party requires a Judge to consider whether the Judge thinks it appropriate that the appeal be heard by the Full Court – section 25(1AA)(b) or section 25(5)(b) of the Act;
  • whether the matter is ready to be listed for hearing;
  • whether the content of the appeal book has been settled/approved in accordance with the Rules and Practice Note APP 2;
  • whether the appeal books have been prepared in accordance with the Rules and Practice Note APP 2;
  • whether any consideration has been given to an electronic appeal (subject to a written request to the District Registrar outlining the proposed electronic solution);
  • the parties’ agreed estimated duration of the hearing and whether that estimate is based on counsels’ advice;
  • of the names of counsel briefed to appear;
  • whether counsel is briefed to appear in any other matters that may be listed in the same Full Court and Appellate sittings including matters to be heard elsewhere in Australia;
  • of dates in the proposed sittings when the parties or their representatives are not available for hearing and the reasons for non-availability.

2.4  The parties must also be in a position to provide details of any other matters that may affect the listing of the matter. Such other matters may include:

  • identification of other pending cases involving similar legal issues;
  • whether any party intends to argue that a previous Full Court decision should not be followed;
  • whether leave to appeal or leave to extend time for the filing and service of the notice of appeal is required;
  • whether any party seeks expedition of the hearing of the appeal;
  • whether any Judge of the Court, other than the primary Judge, has made adverse findings as to the credit of any party, or the principals of any party, to the appeal;
  • whether the appeal is said to raise a particularly important issue of law and, if so, what that issue is;
  • whether any judge of the Court may be precluded from sitting on the matter because of prior involvement or association.

2.5  The hearing date will be fixed by the Chief Justice after the completion of all call-overs nationally for the relevant period of the Full Court and Appellate sittings. Those appeals not fixed for hearing may be adjourned to the following call-over or other directions may be made.

2.6  After the hearing dates have been fixed by the Chief Justice, the National Appeals Registrar will publish a list of those matters that have been included in the sittings. Notice of the hearing date will be sent to all lawyers on the record and to any unrepresented parties.  A matter fixed for hearing may be removed from the list only on the direction of the Court.

Listing of Matters Outside Published Dates for Full Court and Appellate Sittings

2.7  Where the circumstances so require, the Chief Justice may list a matter for hearing before a Full Court or a single judge outside the published Full Court and appellate sitting dates.  A party may seek an order that an appeal or application to the Court be expedited.  An application for an expedited hearing must be accompanied by an affidavit providing evidence of urgency.

2.8  Parties requiring further information about urgent Full Court and Appellate hearings should first contact the local District Registry of the Court.