Order 18 of the National Court Rules 1983 is the Appeal Rules. Division 1A governs appeals from the District Court and other statutory tribunals.
The stated purpose
The purpose of these Rules is to prescribe procedures for the conduct of appeal cases in the National Court with the establishment of a separate Appeals List. The Appeals List is conducted by a judge(s) assigned by the Chief Justice.
They consolidate previous Practice Directions and Notes issued by the Registrar in relation to appeals, contained in the Practice Direction Book 2004, which ceased to apply on commencement. They are intended to improve the disposition of appeal cases in the National Court, in a quick, fair and cheap manner.
The Rules themselves explain it. The National Court’s appellate jurisdiction is conferred by various statutes, the main one being the District Court Act, and the procedure for appeals in relation to appeals from the District Court is prescribed by this Act.
Other statutes either prescribe their own procedure or adopt the procedure under the District Court Act — the example given is s 49 of the Workers Compensation Act. Others are silent — the example given is s 58 of the Lawyers Act 1986 — in which case the procedure under the District Courts Act is usually adopted.
And critically: these Rules are to be read subject to those provisions. Always start with the statute conferring the right of appeal, not with Order 18.
Rules 1 to 4
Rule 1 — the Registrar shall maintain an Appeals List which shall contain all appeals cases pending determination in the National Court, updated at the end of every circuit month.
Rule 3 — the Chief Justice may assign a judge(s) to conduct the Appeals List as may be determined in the Annual Circuit Calendar.
Rule 4 — the Registrar shall assign a Senior Clerk and such other Clerks to manage the Appeal List.
CA No. of (year) — criminal appeals commenced by Notice of Appeal.
CIA No. of (year) — civil appeals commenced by Notice of Appeal.
OS (App) No. of (year) — applications for leave to extend time to appeal, dispensation of condition precedent to the right of appeal, etc; commenced by Originating Summons.
The appeal itself is commenced by notice of appeal. An application to extend time, or to dispense with a condition precedent, is commenced by originating summons — and by Rule 12(1) such applications must be instituted by Originating Summons and made ex parte.
Rule 5
(1) Upon receipt of the Notice of Appeal by the Registrar, the Registrar shall fix a date for Directions Hearing before the Judge to take place within 14 days.
(2) Notice shall be in the form in Schedule A, given to the Appellant at the time the Notice of Appeal is filed, with a copy forwarded to the Respondent.
(3) The Directions Hearing shall be conducted by the Judge, every Mondays except on the Monday of the Supreme Court week.
(4) Where parties are represented, a lawyer who has knowledge of the case must attend.
- question of legal representation;
- failure to comply with any condition precedent to the right of appeal prescribed by statute;
- dispensation or waiver of any condition precedent;
- the grounds of appeal;
- the issues on appeal;
- availability of Court or tribunal’s depositions including the Magistrate’s or decision-maker’s Reasons for decision or report;
- typing of transcript of the proceeding;
- compilation of the Appeal Book;
- manner of presentation of arguments including filing of extract of arguments;
- the filing of fresh affidavit evidence, if any, by leave of the Court;
- length of hearing time;
- fix a date for a Pre-hearing Conference to take place within 30 days.
Conditions precedent under the governing statute — entering into a recognisance, giving security, or serving notice within a fixed time — are the commonest reason appeals fail. The Rules put them on the agenda at the first hearing, and provide for dispensation or waiver.
An appellant who is in difficulty should raise it there, and file the OS (App) originating summons rather than hoping the point is not taken.
From filing to hearing
| Stage | When | Rule |
|---|---|---|
| Notice of appeal filed | As the governing statute requires | r 2 |
| Directions hearing | Within 14 days of receipt, on a Monday | r 5 |
| Appeal Book delivered and served | Seven days before the pre-hearing conference | r 6(5)(g) |
| Pre-hearing conference | Within 30 days of the directions hearing | rr 5(5)(l), 7 |
| Pre-hearing form recorded in Schedule B | On completion of the conference | r 8 |
| Status conference | First day of the circuit month | r 9 |
| Hearing | On the date fixed in the Notice of Hearing | r 10 |
Rule 12(2)(a): an application for stay of enforcement of order appealed from or any other interlocutory application may be made before the judge by Notice of Motion.
An appeal does not of itself stay the order appealed from, so a stay must be sought. On how the appeal is then run, see the conduct of the appeal.
Sources
- National Court Rules 1983 — O 18 Div 1A rr 1–14, Schs A and B
The District Courts Act (Chapter 40), the Workers Compensation Act (Chapter 172) and the Lawyers Act 1986 are not available on PacLII.
Before relying on anything here, read the current text of the National Court Rules 1983 and check for later amendments. If a decision matters to you, get advice — start with the Office of the Public Solicitor, or find a firm in the law firms directory.