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Uniform Civil Procedure Rules 2005
Current version for 9 April 2020 to date (accessed 6 June 2020 at 12:42)
Division 1 Preliminary
(cf SCR Part 51A, rule 1)
This Part applies to any appeal, other than—(a) an appeal to the Supreme Court that, under the Supreme Court Act 1970, is assigned to the Court of Appeal, or(b) an appeal to the Supreme Court under Part 5 of the Crimes (Appeal and Review) Act 2001, or(c) an appeal to the Supreme Court to which the provisions of Part 80A rule 32(1) of the Supreme Court Rules 1970 or rule 14.1 of the Supreme Court (Corporations) Rules 1999 apply.Note.The provisions of this Part, like the other provisions of these rules, are subject to any Act that makes provision to the contrary.
(cf SCR Part 51A, rule 2)
(1) In this Part—court below, in relation to an appeal, means the court in which, or the person or body by whom, the decision to which the appeal relates was made.decision includes a judgment, order, opinion, direction or determination.higher court, in relation to an appeal, means the court to which the appeal is made.material date, in relation to an appeal, means—(a) if the appeal is from the decision of a court, the date on which the decision is pronounced or given, and(b) if the appeal is from any other person or body, the date on which notice of the decision was given, by or on behalf of the person or body who made the decision, to the person who wishes to appeal.Note.See the definition of court in section 3(1) of the Civil Procedure Act 2005.(2) For the avoidance of doubt, it is declared that, for the purposes of this Part—(a) a Commissioner of the Land and Environment Court, when exercising the functions of that Court under the Land and Environment Court Act 1979, is taken to be the court below, and(b) the Land and Environment Court, when hearing an appeal under section 56A of the Land and Environment Court Act 1979 against a decision made by a Commissioner of that Court in the exercise of those functions, is taken to be the higher court.