R Developments Pty Ltd v Forth

In the matter of *R Developments Pty Ltd v Forth*, Refshauge J of the Supreme Court of the Australian Capital Territory considered an application concerning the preparation of appeal books. The dispute arose from directions given by the Deputy Registrar regarding the contents and filing of appeal materials.

The central legal issue before the court was the appropriate content of appeal books and the procedure for filing supplementary materials. Specifically, the court had to determine whether the Deputy Registrar's directions adequately reflected the principle that appeal books should contain only material necessary for the determination of the appeal, as defined by the pleadings, and whether provision for supplementary papers was sufficiently addressed.

Refshauge J reasoned that the appeal books should be prepared in accordance with the draft index proposed by the appellants, emphasizing that only material relevant to the issues raised in the pleadings should be included. The court also permitted the filing of supplementary appeal papers, either by consent or with leave, to include documents referenced in the parties' summaries of argument that were not already part of the main appeal books. This approach aimed to ensure that the appeal could be heard efficiently and effectively, with all necessary material readily available.

The court set aside the Deputy Registrar's directions of 2 June 2016 and, in lieu, ordered that the appeal books be prepared according to the appellants' draft index and filed by 12 August 2016. Further directions were made regarding the filing of summaries of argument and lists of authorities by both parties, as well as the procedure for filing supplementary appeal papers. The listing of 14 July 2016 was vacated, and the costs of the application were reserved to the appeal court.