Uniform Civil Procedure Rules 2005
Current version for 9 April 2020 to date (accessed 15 August 2020 at 12:14)
Part 51 Division 1
Division 1 Preliminary
51.1   Application of Part
(cf SCR Part 51, rule 3)
(1)  This Part applies to any proceedings (whether or not appeal proceedings) that are assigned to the Court of Appeal.
Note 1.
 Part 50 applies to appeals to the Supreme Court that are not assigned to the Court of Appeal under the Supreme Court Act 1970. See rule 50.1(a).
Note 2.
 References in this Part to proceedings in the Court generally are references to any proceedings in the Court (including appeal proceedings), except in so far as the context or subject-matter otherwise indicates or requires.
(2)  Subject to any relevant practice note, this Part extends to proceedings in the Court commenced before 1 January 2008.
Note.
 Section 14 of the Civil Procedure Act 2005 also provides that, in relation to particular civil proceedings, a court may, by order, dispense with any requirement of rules of court if satisfied that it is appropriate to do so in the circumstances of the case.
(3)  Subject to this Part, the other provisions of these rules apply, so far as applicable, to proceedings in the Court.
(4)  For the avoidance of doubt, the rules referred to in subrule (3) have effect subject to the following modifications—
(a)  a reference to a plaintiff includes a reference to a person who commences proceedings in the Court (whether as an appellant or otherwise),
(b)  a reference to a defendant includes a reference to a respondent (or cross-respondent) in proceedings in the Court,
(c)  a reference to an originating process includes a reference to a notice of appeal or notice of cross-appeal,
(d)  such other modifications as are necessary.
51.2   Interpretation
(cf SCR Part 51, rule 2)
In this Part—
appeal
(a)  includes an appeal from a decision in proceedings in the Supreme Court or a specified tribunal within the meaning of section 48(1)(a) of the Supreme Court Act 1970, and
(b)  does not include proceedings to which Part 28 applies (except an appeal from a decision of the Supreme Court in proceedings to which that Part applies), and
(c)  does not include an application for the variation or discharge of an order of a Judge of Appeal or of the Registrar.
Appeal Book—see rules 51.25 and 51.26.
appeal proceedings means proceedings in the Court that are commenced by filing and serving a summons seeking leave to appeal or a notice of appeal.
appellant means—
(a)  a party that files a notice of appeal in the Court, and
(b)  any other party joined as an appellant.
applicant means—
(a)  in relation to a notice of intention to appeal, the person that files and serves the notice under this Part, or
(b)  in relation to any proceedings in the Court (other than an appeal or cross-appeal)—
(i)  a party that files originating process for the proceedings, and
(ii)  any other party joined as an applicant.
Black Book—see rules 51.26(1)(b) and 51.28.
Blue Book—see rules 51.26(1)(c) and 51.29.
Combined Book—see rule 51.26(2).
Court means the Court of Appeal.
Note.
 Section 13 of the Civil Procedure Act 2005 enables the Chief Justice of the Supreme Court, by instrument in writing, to direct that any function of the Court under that Act or these rules may be exercised by such registrars or other officers of the Supreme Court, and in such circumstances and subject to such conditions, as are specified in the instrument.
court below means the court, person or body that made the decision to which a notice of intention to appeal or appeal proceedings relate.
cross-appellant means a respondent in appeal proceedings who has filed a notice of cross-appeal.
decision includes a judgment, order, verdict, opinion, direction or determination.
decision below means the decision of the court below to which a notice of intention to appeal or appeal proceedings relate.
exhibit includes a document or thing marked for identification (whether or not it is admitted in evidence).
interested party means an appellant or interested respondent.
interested respondent means a respondent (other than a respondent who is a submitting party).
material date, in relation to a decision below to which a notice of intention to appeal or appeal proceedings relate, means—
(a)  in the case of a judgment given in proceedings in the Supreme Court—the date on which the judgment is given, and
(b)  in the case of any other judgment in proceedings in the Supreme Court—the date of entry, and
(c)  in the case of an order in proceedings in the Supreme Court—the date on which the order is made, and
(d)  in the case of a verdict in proceedings in the Supreme Court—the date on which the verdict is given, and
(e)  in the case of any other decision (whether in proceedings in the Supreme Court or not)—the date on which the decision is pronounced or given.
necessary party means a person required by rule 51.4 to be joined in the proceedings.
notice of intention to appeal—see rule 51.6.
Orange Book—see rules 51.26(1)(d) and 51.30.
proper officer, in relation to a court or tribunal, means—
(a)  the registrar, or
(b)  if there is no registrar, the officer who is responsible for the custody of records and exhibits in the proceedings concerned.
prospective respondent, in relation to a notice of intention to appeal, means—
(a)  a party in the court below, and
(b)  any other person who would be required by rule 51.4 to be joined in appeal proceedings.
Red Book—see rules 51.26(1)(a) and 51.27.
Registrar means the Registrar of the Court.
Note.
 Section 13 of the Civil Procedure Act 2005 enables the Chief Justice of the Supreme Court, by instrument in writing, to direct that any function of the Court under that Act or these rules may be exercised by such registrars or other officers of the Supreme Court, and in such circumstances and subject to such conditions, as are specified in the instrument.
relevant originating process means—
(a)  if leave to appeal or cross-appeal is required—a summons seeking leave to appeal or a cross-summons seeking leave to cross-appeal, or
(b)  in any other case—a notice of appeal or cross-appeal.
Reporting Services Branch means the Reporting Services Branch of the Attorney General’s Department.
respondent means any party other than an appellant or applicant.
submissions in reply—see rule 51.34(1A).
submitting party means a party that has submitted to the judgment of the Court by filing a notice of appearance under rule 6.11.
verdict includes a finding or assessment.
White Folder—see rule 51.12(1).
51.3   Application of rules to notices of cross-appeal
(cf SCR Part 51, rule 18(3))
Subject to this Part (particularly, rule 51.17), the rules relating to a notice of appeal extend to a notice of cross-appeal with necessary modifications.