Appeals Flashcards
How is an appeal commenced under the UCPR to Court of Appeal?
r 746 File a notice of appeal with supreme court registry in Brisbane, and if applicable, supreme court registry of the district of the decision
What must the notice of appeal contain, for appeal to the Supreme Court?
r 747 Content of notice of appeal
Decision/part appealed, grounds, decision appellant sought and if leave is given must have the order giving leave
What is the time for appealing to Court of appeal?
r 748 Time for appealing
28 days from decision for appeal to be filed and service
who must be served notice of appeal?
r 752 Service (appeals to QCA)
Served on all respondents
What must an appellant arrange for an appeal to the QCA?
r 758 Appeal Book
What happen’s if an appellant is povo and cannot afford appeal book?
r 759 Registry preparation of appeal book
Because of financial position, appellant can have
What happens to decision when appeal brought to QCA?
r 761 Stay decision under appeal
does not automatically stay enforcement of decision however court of appeal may stay it.
What happens if both parties do not want to go ahead with appeal under the UCPR for appeal to QCA?
r 762 dismissal by consent
Parites can file memordanum for dismissal for appeal
What happens if a party consents to an appeal under UCPR for appeal to the QCA?
r 764 Consent orders on appeal.
If parties agree can consent to the appeal.
What governs the procedure for appeals to the District Court from the Magistrates Court under the UCPR?
r 783 Proceudre for appeals to District Court from Magistrates Court
File notice with the registry of the district court
