Division 6 Effect of applications for leave and appeals on court below

51.42   Copies of notices of intention to appeal, leave applications and summonses to be filed or lodged with court below

(cf SCR Part 51, rule 14)

A person who files and serves a notice of intention to appeal or relevant originating process must:

(a)  where it relates to a decision in a Division of the Supreme Court—file a copy of it in the registry of the Division at the same time, or

(b)  in any other case:

(i)  file a copy of it in the registry or office of the court below, or

(ii)  lodge a copy of it with an officer of the court below concerned with its records or process.

51.43   Court below to retain exhibits if its decision is appealable

(cf SCR Part 51, rule 29)

(1)  If an appeal from a decision lies to the Court, by leave or otherwise, the officer of the court below who has custody of the exhibits in the proceedings must, unless the court below orders otherwise, retain them for:

(a)  28 days after the material date, and

(b)  if a notice of intention to appeal is filed or lodged—a further 3 months.

(2)  On the filing or lodgment under rule 51.42 of a copy of a notice of appeal, the proper officer of the court below must make out and certify a list of the exhibits.

(3)  If an exhibit is not available, the officer certifying must include such information as the officer can to enable the Registrar to obtain the exhibit.

51.44   Appeal proceedings do not operate as stay unless Court or court below directs

(cf SCR Part 51, rule 15)

(1)  Subject to the filing of a relevant originating process, the Court may order that the decision below or the proceedings under the decision be stayed.

(2)  The filing of a relevant originating process does not:

(a)  operate as a stay of proceedings under the decision below, or

(b)  invalidate any intermediate act or proceedings.