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Practice Direction No. 1 dated 23 August 2002
We, the President, Deputy President and Members of the Defence Force Discipline Appeal Tribunal, make the following Practice Direction No 1.
Dated 23 August 2002
P C Heerey J
Peter G Underwood J
D Mildren J
K P Duggan J
1. In this Practice Direction, unless the context otherwise indicates-
"Act" means the Defence Force Discipline Appeals Act 1955 (Cth)
"appeal" includes application for leave to appeal and an application for extension of time for appeal
"appellant" includes an applicant for leave to appeal or for extension of time for appeal
"conviction" includes a prescribed acquittal as defined in s 4(1) of the Act
"Deputy President" means the Deputy President of the Tribunal
"Member" means a member of the Tribunal including the President or Deputy President
"President" means the President of the Tribunal
"Registrar" means the Registrar or a Deputy Registrar of the Tribunal
Force Discipline Appeals Regulations
"Tribunal" means the Defence Force Discipline Appeal Tribunal
2. The forms in the Schedule, or forms as near thereto as the circumstances permit, shall be used in all cases to which such forms are applicable.
Forwarding of documents to other party
3. Where any notice or document is lodged with the Registrar pursuant to the Act, the Regulations or this Practice Direction, the Registrar shall cause a copy thereof to be forwarded to any other party.
Notices of Appeal etc
Notice of Address for Service
5. Within 14 days of receipt of a notice of appeal or an application for leave to appeal or an application for extension of time for appeal a respondent shall lodge with the Registrar a notice of address for service in accordance with Form 2.
7. An affidavit shall be in Form 4.
Preparation of Appeal Book
Listing of Appeal
9. The Registrar shall notify the parties of the date, time and place for the hearing of the appeal.
Outlines of Submissions
10. Each party shall prepare a written outline of that party's submissions on the appeal.
11. The outline of submissions shall contain concise statements of:
12. The appellant shall lodge with the Registrar an outline of submissions by 4 pm, 7 clear working days before the date of hearing of the appeal.
13. The respondent shall lodge with the Registrar an outline of submissions by 4 pm, 3 clear working days before the date of hearing of the appeal.
14. The Registrar shall forward each outline to the opposing party as soon as practicable after the receipt thereof.
15. The outline of submissions should not ordinarily exceed 10 pages of double spaced typing, unless leave is obtained from the Registrar to lodge a more lengthy document.
16. All references to the appeal book in the submissions should refer to the relevant page and the relevant part of the page, eg AB 27.5 - 28.2.
17. Similarly, references to authority should give the case name, citation and refer to the relevant paragraph or page and the relevant part of the page, eg A v B (1964) 112 CLR 210 at 212.5 to 212.7, C v D (1998) 196 CLR 318 at .
18. It is expected that the oral arguments will follow the outline of submissions. New issues, not included in the outline, may not be advanced on the hearing of the appeal except with the leave of the Tribunal.
Lists of Authorities
19. Each list of authorities
and legislation should be divided into two parts. Part "A" should
contain only the authorities and legislation from which passages are
to be read. Part "B" should contain the authorities and legislation
to which counsel might refer but from which passages are not to be
read. The relevant sections of legislation should be specified.
21. Counsel may identify in Part "A" five cases in addition to those referred to in paragraph 20 above to which they wish to refer to at some length. These cases are to be identified on the list by a double asterisk.
22. A party who intends to cite from a book or a case other than one referred to in the Reports in par 20 above shall provide photocopies of the relevant parts of the book or the Report for the use of the Tribunal to be handed up during argument.
23. Three copies of the list of the authorities and legislation referred to in Part "A" should be lodged with the Registrar at the place where the appeal is to be heard not less than two working days before the date of hearing of the appeal. Copies of the Act, the Defence Force Discipline Act 1982 and the regulations thereunder need not be supplied.
Application to call further evidence
25. The appellant may, pursuant to reg 12 of the Regulations, lodge a notice of discontinuance of the appeal. The notice shall be in accordance with Form 5.
26. The Tribunal may, at the request of the respondent or of its own motion, give notice to an appellant that if some specified act, being an act necessary for the prosecution of the appeal, is not done within the time specified in the notice the appeal shall be deemed to be abandoned. The notice shall be in accordance with Form 6.
27. If the appellant does not appear, either personally or by counsel, at the time and place fixed for the hearing of the appeal the Tribunal (or a single Member when the Tribunal is so constituted) may declare that the appeal is deemed to be abandoned.
28. On the hearing of an appeal the dress for counsel shall be such as would be worn in the Court of Criminal Appeal or equivalent in the State or Territory where the hearing takes place.
Appellant in Custody
29. The certificate signed by the Registrar pursuant to reg 16 of the Regulations shall be in accordance with Form 7.
30. A notice or document may be lodged or forwarded by:
31. The Tribunal, a member of the Tribunal or the Registrar may excuse non-compliance with this Practice Direction on such terms as may be just.
Copies of legislation etc
32. Upon receipt of a notice of appeal, application
for leave to appeal or application for extension of time for appeal
the Registrar shall forward to the appellant, free of charge, a copy
of the Act, the Regulations and this Practice Direction.
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