Commonwealth Numbered Regulations Commonwealth Numbered Regulations(1) Each party must file and serve a summary of argument and a list of authorities to be relied on:
(a) for the appellant--at least 28 days before the first day of the sittings in which the appeal is listed for hearing; or
(b) for the respondent and any independent children's lawyer--at least 7 days before the first day of the sittings in which the appeal is listed for hearing.
(2) For the purposes of subrule (1), a summary of argument must :
(a) set out each ground of appeal and, for each ground of appeal, a statement of the arguments setting out the points of law or fact and the authorities relied on (together with references to the relevant pages of the appeal book and transcript); and
(b) set out the orders sought (if they differ from the orders sought in the Notice of Appeal or any Amended Notice of Appeal); and
(c) not exceed 15 pages, unless leave to exceed that number has been given; and
(d) be easily legible, using a font size of at least 12 points and 1.5 line spacing; and
(e) have all paragraphs numbered consecutively; and
(f) be signed by the person who prepared the summary of argument; and
(g) include the signatory's name, email address, telephone number and document exchange number (if any) at which the signatory may be contacted.
(3) If a party intends to challenge any findings of fact, the summary of argument must:
(a) identify the error (including any failure to make a finding of fact); and
(b) identify the finding that the party contends should have been made; and
(c) state concisely why the finding, or failure to make a finding, is erroneous; and
(d) refer to the evidence to be relied on in support of the argument (including any reference to the relevant pages of the appeal book and transcript).
(4) Issues not identified in the summary of argument may not be advanced at the hearing of the appeal except with leave of the appeal court.
(5) For the purposes of subrule (1), a list of authorities must:
(a) be divided into 2 parts as follows:
(i) Part 1 must contain only those authorities that will be cited during the appeal;
(ii) Part 2 must contain those authorities that might be called for during the appeal, but that it is not intended to cite; and
(b) in relation to reported judgments:
(i) if the judgment is available in an authorised report series--cite the judgment as reported in that series; and
(ii) if the judgment is not available in an authorised report series--cite the judgment as reported where it is available; and
(iii) in any case--identify the relevant page or pages in the report; and
(c) in relation to unreported judgments:
(i) if a medium neutral citation is available--provide that citation and identify the relevant paragraph or paragraphs; and
(ii) if a medium neutral citation is not available--be accompanied by a copy of the judgment and identify, by page or paragraph number or numbers as appropriate, the relevant passage or passages.