Uniform Civil Procedure Rules 2005
Historical version for 7 November 2008 to 5 March 2009 (accessed 22 December 2014 at 18:45) Current version
Part 51Division 5Subdivision 2

Subdivision 2 Notices of appeal and cross-appeal

51.18   Contents of notice of appeal

(cf SCR Part 51, rule 11)

(1)  A notice of appeal must state:
(a)  the statutory provision under which the appeal is brought, and
(b)  whether it is filed pursuant to leave, and the date leave was given, and
(c)  whether the appellant has filed and served a notice of intention to appeal, and the date it was served on the prospective respondent or on the last of the prospective respondents, and
(d)  whether the appeal is from the whole or part only, and what part, of the decision below, and
(e)  briefly, but specifically, the grounds relied on in support of the appeal, and
(f)  what judgment, order, verdict or determination the appellant seeks, and
(g)  that, before any attendance before the Court by or on behalf of the respondent, a notice of appearance must be filed if required.
Note. Rule 51.5 (2) provides for circumstances in which a respondent need not file a notice of appearance.
(2)  Without limiting subrule (1), the appellant must also specify in the notice of appeal any material facts that the appellant contends that the court below should, or should not, have found.

51.19   How claims for reinstatement or restitution to be made in appeal or cross-appeal

An appellant or cross-appellant who seeks an order for reinstatement or restitution must include in the notice of appeal or notice of cross-appeal:
(a)  a claim for the order and the form of the order, and
(b)  where restitution is sought—any claim for interest that is at a rate other than the relevant rate set out in Schedule 5.
Note. As to the practice of the Court in awarding interest where money is ordered to be repaid by way of restitution on the setting aside of a judgment, see Heydon v NRMA Ltd (No 2) (2001) 53 NSWLR 600 at 609.

51.20   Notice of appeal to specify return day

(cf SCR Part 51, rule 42 (1))

(1)  A notice of appeal must state a return day.
(2)  The return day may be fixed by the Court or obtained from the registry.
(3)  If a return day is obtained from the registry and the notice of appeal is to be served outside New South Wales, the return day is to be not less than one month after the date of filing of the notice of appeal.
Note. Rule 10.18 permits the service of documents (including originating process) to be effected in certain circumstances at the address for service provided for the court below.

51.21   Alteration of return day in notice of appeal

(cf SCR Part 5, rule 5A)

The Court may, by notice given to the parties by telephone or otherwise, vary the return day for a notice of appeal to a different day, and may authorise the parties’ solicitors to make corresponding alterations to the copies of the notices of appeal held by them.

51.22   Absence of restrictions on appeals as of right to be shown by affidavit

(cf SCR Part 51, rule 8)

(1)  This rule applies if an appeal or cross-appeal as of right is restricted by any Act by reference to:
(a)  a specified amount or value, or
(b)  any other specified circumstance or matter (such as a restriction based on questions of law).
(2)  The appellant or cross-appellant must, on filing the notice of appeal or cross-appeal, file and serve on each necessary party an affidavit that:
(a)  identifies the nature of the restriction (including a reference to the provision of the Act that imposes the restriction), and
(b)  sets out the material facts on which the appellant or cross-appellant relies to show that the restriction does not apply.

51.23   Amendment of notice of appeal

(cf SCR Part 51, rule 17)

Part 19 (Amendment) applies to the amendment of a notice of appeal in the same way it applies to the amendment of a statement of claim.
Note. For example, rule 19.1 provides that a plaintiff may, without leave, amend a statement of claim once within 28 days after the date on which it was filed, but, unless the court otherwise orders, may not amend it after a date has been fixed for trial.
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