Next steps after receiving leave to Appeal
- Where leave to appeal has been granted, the appellant files a Notice of Intention to Proceed with Appeal. This must be done within 7 days of the determination.
- The appellant must then prepare and file written submissions setting out their reason as to why the decision being appealed is wrong and should be reversed.
- The respondent must prepare and file written submissions setting out why the order under appeal is right and should be upheld.
- The written submissions are reviewed by the judge assigned to hear the appeal before the oral hearing is held.
- When written submissions are filed, a case management hearing is arranged and the parties file a joint document setting out matters to be addressed by the case management judge.
- Issues like the duration of the oral appeal are also determined, and the case management judge may issue directions relating to any further documentation as necessary
Preparation for your case management hearing
A case managment booklet must be filed by the appellant no later than 4 days before the first case management hearing date. 3 hard and 3 soft copies are required.
Case Management Booklet
The booklet must be tabbed, have an index, page numbers and include:
- The order being appealed.
- The judgment being appealed.
- Any other relevant judgments or orders from the lower courts.
- The notice of application for leave to appeal.
- The notice of appeal, including any cross‑appeal by a respondent relating to the same judgment or order.
- Any respondent’s notice that has been filed.
- The Court’s written determination granting leave to appeal.
- The notice of intention to proceed.
- The appellant’s written submissions.
- The respondent’s written submissions.
- The joint document the parties must file before the case‑management hearing (the one mentioned earlier in paragraph 19(d)).
- The booklet must also leave enough space to add any extra documents the case‑management judge may require later, such as a statement of facts or a list of issues.
