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Listing Of Matters
In The Appellate Jurisdiction
Full Court – applications | Single
Judge – appellate proceedings
This direction supplements the requirements laid down
in Rules 72, 95, 96, 96A, 96AA, 96B, 96C, 96D, 97, 98, 106, & 120 of the
Supreme Court Rules 1987.
1. Full Court –
Appellate Proceedings
1.1 To set down appellate proceedings before the
Full Court the party having carriage of the matter must file, at the Supreme
Court Registry, 2 praecipes to set down 3 sets of appeal or case books, and a
completed "Information Sheet"
(annexed hereto). The appeal or case
books must comply with the relevant rules and Practice Direction 13 and both
the solicitor for the appellant and for the respondent must comply with the
notes at the foot of the information sheet.
1.2 The appellate proceedings will then enter the
list of matters for the next callover. The matter will be listed for hearing by
the Full Court no sooner than 21 days from filing the praecipe, unless
otherwise ordered.
1.3 1.3.1 The
Full Court sittings usually begin on the first Monday of each month. In some years the December sitting will
begin in the last week of November and the February sittings could begin in the
last week of January. The Full Court
does not sit in January. In some months
there may be an additional sitting week.
Advance notice will be given in that event.
1.3.2 Each sitting will usually be for between
seven and ten sitting days.
1.3.3 A callover of cases will usually be held at
9.15 am on the Friday week preceding the first day of each sitting ie ten days before
each sitting commences.
1.3.4 Counsel or solicitors involved in each case
should attend the callover with up to date information about the availability
of counsel. Cases will be fixed for
hearing even if they do not attend.
1.3.5 The date and time of the callover and the
list of cases to be called over will be published in the case list in advance
of the callover. Cases will usually be
called over and listed for hearing in the order in which they appear in the
published list.
1.3.6 At each callover dates and times will be
allocated to the cases in the list.
1.3.7 Dates and times will be allocated firstly for
the next sitting to commence.
Ordinarily there will be about two days of sittings remaining to be
allocated, the preceding days of the sittings having been allocated at the
previous month's callover (see para 1.3.8).
1.3.8 Dates and times will then be allocated for
all but about the last two of the days in the sittings due to commence in the
next but one month. The last two days
of that sitting will be allocated at the following callover (see para 1.3.7).
1.3.9 Matters not listed at the callover will be
included in the list for the next callover.
1.3.10 The date and time of matters which are listed
at a callover will be published in the case list after the callover.
1.3.11 The Appeals Officer can be contacted by
telephoning 8204-0495 for further information regarding the listing of Full
Court matters.
2.1 Any application to come before the Full Court
must be issued at the Supreme Court Registry in the usual manner. Once issued it will be referred to the
Appeals Officer who will, if the matter is in order and is an appropriate
matter for Full Court consideration, enter it in the next Full Court sittings. Applications for admission to practice as a
legal practitioner will automatically be listed before the Full Court.
2.2 The Appeals Officer will advise those
responsible for the application of the details relevant to its listing. The
parties to any such matter will receive notification as set out in paragraph
1.2 above. Furthermore if a time and
date is not set for the application when referred to the Appeals Officer then
the listing procedure as set out in paragraph 1.3 above will take effect.
3. Single Judge –
Appellate Proceedings
3.1 When a notice of appeal is filed at the
Supreme Court Registry (except an appeal pursuant to S42 of the Magistrates
Court Act & R96C of the Supreme Court Rules) it will be allocated a nominal
hearing date no sooner than 21 days after the date of filing. This date will be the first day of the next
single judge appeal sittings.
3.2 After an appeal or case stated is filed a
notice will be forwarded to the parties confirming the nominal hearing date and
advising of the requirements pursuant to the relevant rules of court and this
Practice Direction. This notice will
inform the parties of the procedural steps necessary to enable the appeal to be
listed. Those steps are also listed in
paragraphs 3.3 and 3.4 hereunder.
3.3 Approximately two weeks prior to the
commencement of the Single Judge appeal sittings, a warning list will be
published in the Case List section of the Advertiser. This warning list will name all appeals that may be dealt with
during the sittings and indicate provisional listing times. It will invite the
parties to each appeal to contact the Associate to the Judge named in the event
that there is a problem with the provisional listing. Every attempt will be
made to set an actual hearing date by this means, prior to the commencement of
the sittings. On the Friday before the first day of the sittings, the list as
amended will be published.
3.4 Any matters not listed by the time of the
commencement of the sittings will be called over at the commencement of the
sittings and will be given an actual hearing date and time or otherwise dealt
with at that time. No formal
notification of the actual appeal hearing date will be forthcoming from the
Court.
3.5 In criminal appeals pursuant to S42 of the
Magistrates Court Act (Rule 96C of the Supreme Court Rules) the Notice of
Appeal is to be issued at the Magistrates Court at which the order being
appealed from was made. A copy of the
Notice of Appeal is to be served, within 7 days, on the Supreme Court Civil
Registry and all other parties to the appeal.
If
by order or pursuant to leave an appeal under R96C proceeds to the Full Court
the matter may be listed during either the monthly sittings of the Full Court
or Court of Criminal Appeal. The party having conduct of the appeal will be
required to set the matter down for hearing before the Full Court and supply
the Court with appeal books in the normal manner.
Apart
from the differences contained in this paragraph the listing procedure for such
appeals will be the same as set out in paragraphs 3.1 to 3.4 above.
3.6 In all cases references to the Lower Court or
Tribunal file number is to be made within the heading of the Notice of
Appeal. Details of the parties to whom
the appeal is directed are to be included at the end of the document. These references are required to enable the
Court to efficiently administer the appeal process.
3.7 The Appeals Officer can be contacted (ph. 8204
0495) for any further information regarding the listing of Single Judge Appeals
and cases stated.
DATED the 10th day of
December 2004.
(Edie
Bransbury)
REGISTRAR