STATUTORY RULES.
1942. No. 409.
————
HIGH COURT OF
AUSTRALIA.
Rule of Court.*
As
of Tuesday, the eighth day of September, 1942.
PURSUANT to the Judiciary Act
1903-1940 and to all other powers thereunto enabling—
It is ordered as follows:—
Part
II. of the Rules of this Court is amended by inserting after Section IVa. of the Appeal Rules the following
Section:—
SECTION IVb.
Appeals
from the Supreme Court of the Australian Capital Territory in Criminal Cases.
1. Any person convicted on indictment before the
Supreme Court of the Australian Capital Territory desiring to appeal to the
High Court or to obtain the leave of the High Court to appeal from any conviction
or sentence shall within ten days of the date of such conviction or sentence
give notice of appeal or notice of application for leave to appeal to the Crown
Solicitor of the Commonwealth and also lodge a copy of such notice with the
Registrar of the Supreme Court of the Australian Capital Territory.
2. The
Registrar of the said Supreme Court shall forward to the Principal Registrar of
the High Court such notice, the Judge’s notes or shorthand transcript of the
proceedings at the trial and all documents exhibits and other things relating
to the proceedings in the Supreme Court which appear necessary for the proper
determination of the appeal or application including any report by the Judge of
the Supreme Court giving his opinion upon the case or any point arising in the
case.
3. The Principal Registrar of the High Court
shall upon receipt of such notice enter the appeal or the application for leave
to appeal in the list of appeals for hearing and notify the person giving such notice
and the Crown Solicitor of the Commonwealth of the sittings of the Court at
which the appeal or application is listed for hearing.
4. A
transcript shall be prepared of all documents and material referred to in Rule
2 hereof certified by the Principal Registrar to be necessary for the proper
hearing and determination of the appeal or of the application for leave to
appeal and six copies thereof (or such lesser number as may be ordered by a
Justice) shall be deposited in the Registry for the use of the Justices before
the hearing of the appeal or application and two copies shall be delivered to
the Crown Solicitor if so required by him. Unless otherwise ordered it shall be
the duty of the appellant to prepare such transcript and to lodge and deliver
the copies aforesaid.
*
Notified in the Commonwealth Gazette on
24th September, 1942.
6668.—Price 3d.
5. All appeals or applications for leave to
appeal shall be presented or moved by counsel or solicitor on behalf of the
appellant unless the Court or a Justice otherwise orders. Provided that an
appellant shall be entitled to present his case and his argument to the Court
in writing if he so desires; and in that case it shall not be necessary for him
to appear or to be represented upon the hearing of the appeal.
6. An appellant who is in custody shall not be
entitled to be present on the hearing of his appeal or his application for
leave to appeal without the leave of the Court or a Justice.
7. The Court or a Justice may upon such terms as
it or he shall think fit admit an appellant to bail pending the hearing of his
appeal or his application for leave to appeal.
8. The time within which notice of appeal or
notice of an application for leave to appeal may be given may be extended at
any time by the Court or a Justice, if the Court or a Justice is satisfied that
there are special circumstances justifying such extension.
(l.s.) | J. G. LATHAM C. J. G. E. RICH J. H. E. STARKE J. EDWARD A. McTIERNAN
J. D. WILLIAMS J. |
J. G. Hardman,
Principal
Registrar.