Commonwealth Numbered Regulations

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (FAMILY LAW) RULES 2021 (F2021L01197) - RULE 13.39

             (1)  A party to an appeal (other than an appeal that is a hearing de novo) who seeks to apply for an order that the court receive further evidence on the hearing of the appeal must file the application at least 14 days before the date of commencement of the sittings in which the appeal is listed for hearing.

             (2)  The affidavit filed with the application must state:

                     (a)  briefly but specifically, the facts on which the application relies; and

                     (b)  the grounds of appeal to which the application relates; and

                     (c)  the evidence that the applicant wants the appeal court to receive, or at least the nature of the further evidence; and

                     (d)  the reason why the evidence was not adduced at the hearing.

             (3)  Any other party to the appeal may file an affidavit in response to the application at least 7 days before the date of commencement of the sittings in which the appeal is listed for hearing.

             (4)  The hearing date for an application to adduce further evidence is the same as the date fixed for the hearing of the appeal or the application for leave to appeal.

Note:          Documents relating to further evidence should not be included in the appeal book.