This is the question appellants most often ask and the Rules least clearly answer. There is no number of days. That does not mean there is no deadline.
What Rule 44 says
Unless the court or a Judge otherwise orders, the appellant shall — (a) lodge with the Registrar and (b) serve on each of the respondents separately represented, copies of the appeal book as determined under Rule 42 sub-rule (c), in accordance with Order 13 rule 7(2).
Compare Rule 41, which says the draft index must be served no later than two clear days before settlement, or Rule 15, which gives a respondent 14 days to object to competency. Rule 44 has no equivalent.
Instead the timing is supplied by two other mechanisms: the callover cycle, and the duty of diligence.
Order 13 Rule 7
(2) No substantive matter shall be added to the Callover List unless a book is filed.
(6) A substantive matter shall be added to the Call over List when the Book is filed.
(7) The Registrar shall call all matters on the call over list, once every month on the second Tuesday of the month, and may refer matters to the Directions List or remove a matter from the call over list to the Summary Determination list.
The book must be filed before the second Tuesday of the month if the appeal is to be called that month. Miss it and the appeal waits four weeks — and then goes to a Directions Hearing before being given a hearing date.
So the real timetable is monthly, and the answer to “when?” is: as soon after settlement as the copies can be prepared and examined.
Order 7 Rule 48
Where an appellant has not done any act required to be done by or under these rules or otherwise has not prosecuted his appeal with due diligence, the Court or a Judge may —
(a) order that the appeal be dismissed for want of prosecution;
(b) fix a time peremptorily for the doing of the act and order that upon non-compliance, the appeal shall stand dismissed, or so order subsequently in the event of non-compliance;
(c) make any other order that may seem just.
Because Rule 44 sets no period, the question in any given appeal is whether the appellant has proceeded with due diligence. That is judged on the facts: how long the transcript took, what was chased and when, whether directions were sought, whether the other side was kept informed.
An appellant who lodges four months after settlement with a clear explanation is in a very different position from one who lodges four months after settlement having done nothing and told nobody.
Where a timetable is imposed
At a Directions Hearing, conducted by the Duty Judge on the first Monday of the circuit month, the Duty Judge may issue directions on, among other things —
availability of National Court depositions including the primary judge’s reasons for decision; the typed transcript of the proceeding; the filing of Index to the Book and its certification; any other issues in relation to the contents of the Book; and allocation of hearing dates.
Where a lawyer represents a party, a lawyer who has carriage or knowledge of the matter must attend.
Once a Judge directs that the book be filed by a date, Rule 48(b) is available: a peremptory order that on non-compliance the appeal shall stand dismissed.
Rule 51 allows such an order to be varied at any time before the appeal stands dismissed, and in special circumstances varied or revoked after that time. But the safe course is to comply, or to apply to vary before the date passes.
If you need it heard sooner
The court or a Judge may at any time make such orders as appear just for the expediting of the appeal.
Where the subject matter is time-critical — an election, a licence, a child, a business that cannot wait — apply under Rule 47 rather than hoping the ordinary cycle will be quick enough. Support it with evidence of why the ordinary timetable would cause irremediable harm.
What good practice looks like
On filing — obtain the appointment (Rule 33), serve notice of it (Rule 34), order the transcript.
Weeks 1–4 — collect the papers (Rules 36 to 39), correct the transcript and send corrections to the respondent.
At least a week before settlement — file the draft index (Rule 40) and serve it (Rule 41, minimum two clear days).
Settlement — contents, order, index and number of copies fixed (Rule 42).
Within a few weeks — prepare, examine (Rule 43(9)), certify (Rule 43(10)), lodge and serve (Rule 44).
Before the second Tuesday — so the matter is called that month.
Watching the clock
Because there is no fixed deadline, a respondent who says nothing for a year is in a weaker position than one who wrote after two months asking when the book would be lodged. The correspondence is what establishes that the delay was noticed and unexplained.
An application under Rule 48 is made in Form 11 and supported by affidavit under Rule 50, and the affidavit is far stronger if it exhibits a chronology of unanswered letters. Asking for a peremptory order under Rule 48(b) is usually more attractive than outright dismissal: it gives the appellant a final date and produces dismissal automatically if it is missed.
Sources
- Supreme Court Rules 2012 — O 7 rr 15, 33–48, 51; O 13 rr 7, 8
- Supreme Court Act (Chapter 37) — ss 6, 29
Before relying on anything here, read the current text of the Supreme Court Rules 2012 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.