Uniform Civil Procedure Rules 2005
Current version for 9 April 2020 to date (accessed 15 August 2020 at 12:47)
Part 51 Division 4
Division 4 Applications for leave to appeal or cross-appeal
Subdivision 1 Making applications for leave
51.10   Filing and service of summons seeking leave to appeal
(cf SCR Part 51, rule 4(1), (3) and (5)–(7))
(1)  A summons seeking leave to appeal must be filed and served on each necessary party—
(a)  if a notice of intention to appeal has been filed and served under this Part—within the time allowed under rule 51.9, or
(b)  in any other case—within 28 days after the material date.
Note.
 A person who files and serves a summons seeking leave to appeal must also file or lodge a copy of the summons with the court below—see rule 51.42.
(2)  The Court may extend time under subrule (1)(b) at any time.
Note.
 Rule 51.9 provides for the extension of time for the filing and service of a relevant originating process where a notice of intention to appeal has been filed and served under this Part.
(3)  An application under subrule (2) may be included in the summons seeking leave to appeal.
(4)  A summons seeking leave to appeal must state whether the appellant has filed and served a notice of intention to seek leave to appeal, and the date the notice was served on the prospective respondent or on the last of the prospective respondents.
51.11   Filing and service of cross-summons seeking leave to cross-appeal
(cf SCR Part 51, rule 4(2), (4) and (5)–(7))
(1)  A respondent who requires leave to cross-appeal must file a cross-summons seeking leave to cross-appeal and serve it on each necessary party within—
(a)  28 days after the filing of a summons seeking leave to appeal, or
(b)  28 days after the filing of a notice of appeal,
whichever is the earlier.
Note.
 A person who files and serves a cross-summons seeking leave to cross-appeal must also file or lodge a copy of the cross-summons with the court below—see rule 51.42.
(2)  The Court may extend time under subrule (1) at any time.
(3)  An application under subrule (2) may be included in the cross-summons seeking leave to cross-appeal.
Subdivision 2 Supporting documentation
51.12   Party to file and serve White Folder with summons seeking leave
(cf SCR Part 51, rule 4B)
(1)  A person seeking leave to appeal or cross-appeal (the applicant) must file, in triplicate, a folder (the White Folder) and serve that folder with the summons or cross-summons (as the case may be).
Note.
 Rule 10.1(1) requires a party that files a document to serve copies on each other active party as soon as is practicable, unless the court orders otherwise.
(2)  The White Folder must contain—
(a)  a copy of the summons seeking leave to appeal or cross-summons seeking leave to cross-appeal (as the case may be), and
(b)  a summary of the applicant’s argument in accordance with subrule (3), and
(c)  the reasons for judgment (if any) or the summing up (if any) in the court below, certified by or on behalf of the court below, and
(d)  a draft notice of appeal or notice of cross-appeal (as the case may be), and
(e)  any other documents (other than documents to be filed by the respondent) that are necessary for disposal of the application.
(3)  The summary of argument—
(a)  must not exceed 10 pages, and
(b)  must be signed by the barrister or solicitor who prepares it or, where the applicant is not represented by a barrister or solicitor, by the applicant, and
(c)  must have the following typed or printed in a neat and legible manner under the signature referred to in paragraph (b)—
(i)  the name of the signatory,
(ii)  a telephone number at which the signatory can be contacted,
(iii)  if available, the signatory’s facsimile number,
(iv)  if available, the signatory’s email address.
(4)  The summary of argument must state—
(a)  the nature of the applicant’s case, and
(b)  the questions involved, and
(c)  briefly, the applicant’s argument, and
(d)  the reasons why leave should be granted, and
(e)  any reasons why an order for costs should not be made in favour of the respondent if the application is refused, and
(f)  whether the applicant consents to the application for leave being dealt with in the absence of the public and without the attendance of any person, and
(g)  whether the application should be heard with the argument on the appeal, and why, and
(h)  a list of relevant authorities and legislation.
(5)  Each White Folder must—
(a)  be white in colour, and
(b)  be approximately A4 in size, and
(c)  be covered with a clearview PVC (or similar) binder capable of holding an A4 insert, and
(d)  be 38 millimetres wide and contain 2 D rings, to hold documents, and
(e)  contain labelled dividers separating the contents in a convenient way, including dividers to receive the respondent’s documents and the applicant’s reply, and
(f)  have its pages numbered consecutively.
51.13   Opposing party to file a response
(cf SCR Part 51, rule 4C)
(1)  Subject to subrule (3), a party opposing an application for leave to appeal or cross-appeal (an opposing party) must, within 28 days after the filing of the White Folder or the documents referred to in subrule (3), file the opposing party’s response.
Note.
 Rule 10.1(1) requires a party that files a document to serve copies on each other active party as soon as is practicable, unless the court orders otherwise.
(2)  A response must—
(a)  state that the opposing party—
(i)  consents to the leave sought, or
(ii)  submits to the orders of the Court, or
(iii)  submits to the orders of the Court save as to costs, or
(b)  state—
(i)  briefly, the opposing party’s argument, and
(ii)  the reasons why leave should or should not be granted, and
(iii)  whether the opposing party consents to the application for leave being dealt with in the absence of the public and without the attendance of any person, and
(iv)  whether the application should be heard with the argument on the appeal, and why, and
(v)  any other relevant matters, including terms to which leave should be subject and contentions concerning costs, and
(vi)  a list of relevant authorities and legislation.
(3)  If the opposing party applies for leave to cross-appeal, the opposing party must file with the response the following documents—
(a)  a copy of the cross-summons seeking leave to cross-appeal,
(b)  a summary of the opposing party’s argument in favour of leave to cross-appeal,
(c)  a draft notice of cross-appeal,
(d)  any other documents, not already filed, other than documents to be filed by the other party, that are necessary for disposal of the application for leave to cross-appeal.
Note.
 Rule 10.1(1) requires a party that files a document to serve copies on each other active party as soon as is practicable, unless the court orders otherwise.
(4)  An opposing party wishing to raise a matter that is required to be raised by notice of contention rather than by means of a cross-appeal must file a draft notice of contention with the response.
(5)  The response, and the summary referred to in subrule (3) (if any), must—
(a)  not exceed 10 pages, and
(b)  be signed by the barrister or solicitor who prepares it or, where the opposing party is not represented by a barrister or solicitor, by the party, and
(c)  have the following typed or printed in a neat and legible manner under the signature referred to in paragraph (b)—
(i)  the name of the signatory,
(ii)  a telephone number at which the signatory can be contacted,
(iii)  if available, the signatory’s facsimile number,
(iv)  if available, the signatory’s email address, and
(d)  be hole punched for insertion in the White Folder, and
(e)  have its pages numbered consecutively.
(6)  The summary referred to in subrule (3) must state—
(a)  the nature of the opposing party’s case, and
(b)  the questions involved, and
(c)  briefly, the opposing party’s argument, and
(d)  the reasons why leave to cross-appeal should be granted, and
(e)  any reasons why an order for costs should not be made in favour of the applicant for leave to appeal if the application for leave to cross-appeal is refused, and
(f)  whether the opposing party consents to the application for leave to cross-appeal being dealt with in the absence of the public and without the attendance of any person, and
(g)  where applicable, that, and the reasons why, it is suitable for oral argument of the cross-appeal to proceed concurrently with the leave application (the cross-appeal being subject to the granting of the application), and
(h)  a list of relevant authorities and legislation in tabular form.
(7)  The summary referred to in subrule (3) must contain labelled dividers separating the contents in a convenient way including, if application is made for leave to cross-appeal, a divider to receive the applicant’s response and the opposing party’s reply.
(8)  An opposing party who files a response is taken to have entered an appearance in the proceedings.
(9)  An opposing party who has not filed an appearance must include in the party’s response the information required by rule 4.2(2).
Subdivision 3 Powers on applications for leave
51.14   Concurrent hearings in relation to leave applications
(1)  The Court may deal with applications for the following orders in the absence of the public and without the attendance of any person—
(a)  an order that 2 or more applications for leave to appeal or cross-appeal be heard concurrently,
(b)  an order that an application for leave to appeal or cross-appeal be heard concurrently with the argument on the appeal or cross-appeal.
Note.
 Section 46 of the Supreme Court Act 1970 provides that a single Judge of Appeal may exercise the powers of the Court to make an order or give any direction concerning the institution of an appeal or other proceedings in the Court.
(2)  If the Court makes an order under subrule (1)(b), the parties must, within 28 days (but subject to any directions given by the Court), cause any necessary additional documents to be added to the White Folder.
51.15   Court may determine application for leave without attendance
(cf SCR Part 51, rule 4D)
An application for leave to appeal or to cross-appeal may be dealt with by the Court in the absence of the public and without the attendance of any person if—
(a)  the application is not opposed, or
(b)  each active party consents.