CIV 4 - Further Arguments and Appeals Procedures
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Questions and Answers

What type of appeals does Order 18 primarily govern?

  • Complex appeals involving multiple parties
  • Interlocutory matters and appeals from registrars (correct)
  • Constitutional challenges against the government
  • Final determinations of a trial court

    • Which statement best describes the nature of appeals governed by Order 19?

  • They typically involve less procedural complexity than Order 18.
  • They only apply to cases initiated by a magistrate.
  • They often pertain to more complex cases requiring extensive documentation. (correct)
  • They are exclusively limited to judgments made by the Supreme Court.

    • What is a key characteristic of appeals under Order 18?

  • They can only originate from the Supreme Court.
  • They provide a streamlined process for interlocutory applications. (correct)
  • They require a full trial with witness testimonies.
  • They involve jury trials.

    • In which situation would Order 19 be applicable?

    <p>An appeal concerning the grant or denial of an injunction.</p> Signup and view all the answers

    What procedural step is emphasized in the appeals discussed in the lecture?

    <p>Relying on affidavits and written submissions.</p> Signup and view all the answers

    How does the structure of appeals differ across tiers of courts?

    <p>The process for appealing decisions varies significantly depending on court division.</p> Signup and view all the answers

    What is the main focus of the lecture regarding appeals?

    <p>The process of challenging decisions before higher courts.</p> Signup and view all the answers

    What is the correct timeline for transferring an appeal that was wrongly filed to the Appellate Division?

    <p>14 days from the notice of appeal</p> Signup and view all the answers

    When does the timeline for a more appropriate ground flow from?

    <p>Once the party's arguments on appeal are formulated</p> Signup and view all the answers

    What determines whether an appeal should be heard by the Court of Appeal?

    <p>The clarity of issues raised in the appeal</p> Signup and view all the answers

    Which procedure must be followed for filing an application to transfer an appeal in the Court of Appeal?

    <p>The general procedure applicable to all appellate applications</p> Signup and view all the answers

    In the context of appeal transfer, what happens once the party's submissions are filed for an Order 19 appeal?

    <p>The timeline for assessing appropriateness begins</p> Signup and view all the answers

    What is the timeline for a respondent to file their documents after being served?

    <p>28 days</p> Signup and view all the answers

    What is the maximum page limit for an appellant's reply?

    <p>20 pages</p> Signup and view all the answers

    Which document is NOT required to be filed by the respondent?

    <p>Appellant's Case</p> Signup and view all the answers

    What governs the appeal procedure for the Supreme Court registrar appeals?

    <p>Order 18, Division 4</p> Signup and view all the answers

    What is the page limit for written submissions in Order 18 appeals?

    <p>35 pages</p> Signup and view all the answers

    What may not be filed by the appellant without the appellate court's order?

    <p>Additional Authorities</p> Signup and view all the answers

    How long after the registrar's decision does a party have to file a notice of appeal?

    <p>14 days</p> Signup and view all the answers

    Which rule outlines the procedures for filing appeals in Order 18?

    <p>Rule 25</p> Signup and view all the answers

    Which document outlines the core bundles and their contents?

    <p>Order 19, Rule 3</p> Signup and view all the answers

    What is NOT an essential aspect when filing for an appeal?

    <p>Including a legal representative</p> Signup and view all the answers

    What is a key factor differentiating an Order 18 appeal from an Order 19 appeal?

    <p>Order 18 appeals have a more straightforward documentation process.</p> Signup and view all the answers

    Which provision outlines the scope of appeals under Order 18, Division 5?

    <p>Order 18, Rule 26</p> Signup and view all the answers

    What is required if permission to appeal is necessary under Order 18?

    <p>Consult Section 29A and the fifth schedule of the Supreme Court Act.</p> Signup and view all the answers

    What two appellate courts can appeals be made to from the General Division of the High Court?

    <p>Appellate Division of the High Court and Court of Appeal</p> Signup and view all the answers

    Which aspect of Order 19 appeals is noted as being more elaborate compared to Order 18?

    <p>The documentation and timeline requirements.</p> Signup and view all the answers

    What is necessary to ascertain if permission to appeal is required?

    <p>Reviewing Section 29A of the Supreme Court of Judicature Act.</p> Signup and view all the answers

    What process might occur between the Appellate Division of the High Court and the Court of Appeal?

    <p>Transfer of appeals between the two courts.</p> Signup and view all the answers

    What does an appeal under Order 18 primarily encompass?

    <p>Applications filed in an action and interlocutory matters.</p> Signup and view all the answers

    In which scenario would one refer to the fifth schedule of the Supreme Court of Judicature Act?

    <p>To check if permission to appeal is necessary.</p> Signup and view all the answers

    What is encapsulated in Division 2 of the provisions related to appeals?

    <p>Provisions specifically for appeals from district judges or magistrates to the General Division.</p> Signup and view all the answers

    Which of the following must be considered before proceeding with an appeal?

    <p>The statutory restrictions on the right to appeal.</p> Signup and view all the answers

    When commencing an appeal, what is an essential first step?

    <p>Filing an originating application in the appellate court.</p> Signup and view all the answers

    What should be considered regarding timelines when preparing to appeal?

    <p>The different timelines applicable depending on the type of matter being appealed.</p> Signup and view all the answers

    What is a crucial element in the appeal process regarding timing?

    <p>The beginning of the appeal process starts once the judgment is received.</p> Signup and view all the answers

    What does Division 4 address in the context of appeals?

    <p>Provisions on appeals concerning medical registrations.</p> Signup and view all the answers

    Before beginning an appeal, what must one establish regarding the right to appeal?

    <p>That there are no statutory restrictions on the right to appeal.</p> Signup and view all the answers

    Which division includes provisions for further appeals from the Appellate Division of the High Court?

    <p>Division 3</p> Signup and view all the answers

    In what scenario is there no right to appeal at all?

    <p>At the APEC level of court where no further appeal exists.</p> Signup and view all the answers

    Study Notes

    Further Arguments and Appeals

    • Two main topics:
      • Process of making further arguments to the same court after a decision
      • Procedure for appeals to higher courts

    Further Arguments

    • State Courts:
      • Follow State Courts Practice Directions 2021, paragraph 81.
      • File a "Request for Further Arguments" with the Registrar.
      • Include proposed arguments and cited authorities.
    • High Court General Division:
      • Governed by Supreme Court of Judicature Act, Section 29B.
      • Applies to decisions in the General Division's original or appellate jurisdiction.
      • Not applicable to decisions after a trial.
      • Must be filed before the Notice of Appeal or the earlier of the set dates.
    • Appeals of further arguments must be filed:
      • Before the Notice of Appeal
      • Before the extracted order in question is issued or 15th day after the decision

    Appeals

    • Appeals are filed with a higher court to overturn or vary a lower court's decision.
    • Rules of Court 2021, Order 18 and Order 19 structures are outlined for the different types of appeals.
    • Appeals are made to the General Division, Appellate Division and Court of Appeal. The specifics on different appeal processes were outlined.
    • Order 18 deals with less complex appeals.
    • Order 19 deals with more complex appeals.
    • Order 18 procedures for appeal are outlined for various court types in order in a step by step manner.
    • Order 19 procedures for appeal are also outlined for various court types in order in a step by step manner.
    • Evidence used for appeal
      • Existing evidence previously presented to the court
      • Not new evidence if it is merely to support prior arguments
    • Time limits for different procedures were noted in the lecture
    • Specific rules pertaining to the types of appeals are identified.
    • Further procedure on appeals was detailed for various types of appeal.

    Documentation for Appeals

    • Specific page limits for documents in appeals

    Appeals from decisions made in the State Courts

    • Order 18
    • Order 19

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    Related Documents

    CIV 4 Further Arguments & Appeals Lecture Notes PDF

    Description

    This quiz explores the procedures for making further arguments in state courts and the appeal process to higher courts. Learn the requirements for filing requests for further arguments and the rules governing appeals to ensure proper adherence to legal practices.

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