Form 54: Application
for leave to appeal Version: 2 Rule: Order
52, rule 4 Use: An Application
for Leave to Appeal (Form 54) is used if you need
to have the permission or leave of the Federal Court
before you can appeal against a final decision by
a Judge of the Court. The application for leave
must be lodged within 21 days of the date on which
the decision in question was made, unless the Court
has extended this time. If you wish to seek leave
or permission to appeal from an interlocutory decision
of a Judge do not use this form. An interlocutory
decision is a decision or ruling by the Judge in
the course of dealing with the case, but it is not
the final decision or order made. A
Notice of Motion form (Form 27) must be used
if you need to seek leave to appeal an interlocutory
decision. Filing fee: $1250
(Corporation), $625 (other). You
can apply to
have this fee waived if payment would
cause you financial hardship.
Download: Form
54 in rich text format
Guide to Form 54
Please read this guide and the
form carefully. As a party to the proceeding, you
are responsible for making sure all your paperwork
is in order before the court hearing. Although the
Court’s Registry staff can help you complete
the form and give you information about procedure,
they can not give you legal advice and they are
not responsible for the accuracy of your documents.
How do you apply
1. You must complete an Application
for Leave to Appeal on Form 54. In this application you
are called the 'Applicant' and the other party
is the 'Respondent'.
2. You must also complete an affidavit
in support (Form
20). The affidavit is a sworn document which outlines
the nature of the case, the issues involved and the reasons
why leave should be granted. Usually, a copy of the proposed
Notice of Appeal is annexed to the affidavit so the Court
can see what your grounds of Appeal would be in the event
that leave is granted.
3. The original of the Application
and affidavit, and a copy of each document for each party,
must be delivered, posted or faxed to a Registry of the
Court. If the Registry accepts the documents, it will
stamp the documents and insert the hearing date in the
Application. A copy of the documents must then to be
served by you on each respondent.
How to fill in your Application
for leave
Please read all of these notes before
you begin completing the application for leave form.
Heading
In the spaces provided, insert:
the name of the person applying for
leave to appeal — the applicant;
the name of each respondent to the application.
Paragraph 1
Insert the name of the Judge (or Judges
if more than one) whose decision you are seeking to appeal
against.
Paragraph 2
Insert the legislation which gives
you the right to appeal with the leave of the Court.
That is, which legislation gives the Court power to give
you leave to appeal.
Paragraph 3
This paragraph refers to the affidavit
that has to accompany the application.
Paragraph 4
This paragraph must be completed if
the application is not lodged within 21 days of the decision
and an extension of time is required.
