This note is not part of the rules, but is intended to indicate their general effect.
These rules, which come into force on 1 July 2008, amend the Court of Appeal (Civil) Amendment Rules 2005 (the principal rules).
Rule 4 amends rule 14 of the principal rules, which sets time limits for applications for leave to appeal. The amendment deals with enactments that, in requiring leave for an appeal, allow a party to seek that leave from the Court of Appeal or from the lower court. The amended rule requires an application for leave by a party who is affected by such an enactment to be made within 20 working days after the lower court's decision is given, if the party wishes to go straight to the Court of Appeal for leave. However, if the party first applies to the lower court and is refused leave, the application to the Court of Appeal must be brought within 20 working days after that refusal.
Rule 5 updates a cross-reference in rule 22 of the principal rules.
Rule 6 is consequential on rule 7.
Rule 7 inserts new rule 29A into the principal rules to deal with applications for extension of time in which to appeal. The new rule provides that if the other party consents to the application, the Court or a Judge may grant the application or direct that it be dealt with like an application for leave to appeal consented to by the other party. If the other party does not consent to an extension, the party wishing to appeal must apply for the extension under the provisions governing applications for leave to appeal.
Rule 8 sets out new rules 53 to 53J for the recovery of costs. The new provisions re-enact the discretion of the Court of Appeal under the existing rules to make any orders that seem just concerning the costs and disbursements of an appeal or an application for leave to appeal. The new rules provide that the discretion of the Court of Appeal should normally be guided by principles that correspond, with modifications, to the rules that apply to awards of costs in the High Court. Significant characteristics of those principles are—
the classification of appeals into 2 categories, namely, standard appeals and complex appeals:
the linkage of the daily recovery rate for a standard appeal to category 2 proceedings in the High Court (currently $1,600):
the linkage of the daily recovery rate for a complex appeal to category 3 proceedings in the High Court (currently $2,370) with a discretion in the Court of Appeal to increase that rate by up to 50% in particular cases:
the assessment of costs allowed for completing a step in a proceeding by reference to the time considered reasonable for the step by applying the appropriate time allocations set out in new Schedule 2, which are stated in 2 bands, ranked according to the complexity of the particular step.
New rule 53G sets out specific provisions for costs awarded for applications for leave to appeal.
Rule 9 provides that the new rules on cost recovery also apply to steps taken before the commencement of these rules. However, in appeals wholly heard before that commencement, orders as to costs will continue to be made under the old rules.