| Federal Court of Australia | |
Form 54A: : Application for an extension of time to file and serve a Notice of Appeal
Version: 1
Rule: Order 52, rule 15(3) (a)
Filing fee: nil
Download: Form 54A in rich text format
Guide to Form 54A
Please read this guide and the form carefully. As the party making the application for an extension of time in which to appeal a decision (the appellant), you are responsible for making sure all your paperwork is in order. Although the Court's Registry staff can check your forms and other court papers for completeness (for example, they check for signatures, and that attachments are present and signed by an authorised person within your State or Territory) and give you information about the Court's procedures, they can not give you legal advice and they are not responsible for the accuracy of your documents.
When should you use Form 54A?
Order 52 rule 15 states that a notice of appeal must be filed and served within 21 days of the date of the judgment you wish to appeal.
This form should be used if you need an extension of time to file and serve the notice of appeal.
How do you apply for an extension of time?
1. Get a Form 54A and fill it out. This is the application for an extension of time to file and serve a notice of appeal. On this form you are called the applicant as you are the party making the application for an extension. You can get a copy of Form 54A from the Registry or download a copy from the Court's website.
2. Get a Form 20 and fill it out. This is the affidavit. An affidavit is a written statement, affirmed or sworn before a solicitor or Justice of the Peace. The affidavit must outline:
• the nature of the case;
• the issues involved;
• the reasons why an extension of time should be granted;
• the reasons for the delay.
Usually, a copy of the proposed Form 55: Notice of Appeal is also attached to the affidavit so the Court can see what your grounds of appeal would be if an extension of time was granted.
These forms and instructions on how to complete them are available from the Registry or the Court's website.
3. The original application for an extension of time and affidavit, plus copies of each document for each other party, must be delivered to the Federal Court. You can do this by bringing the documents to the Registry, or by posting or faxing them, or by sending them by the internet. This is called filing. More information about filing is available from the Registry and on the Court's website.
Make sure you have a copy of the application for leave to appeal and affidavit for yourself.
4. Decide whether you want to present your case in writing or whether you want to present your case orally before a Judge. For more information about the requirements when presenting your case in writing see Order 52 rule 15A. Registry staff can also give you information about the procedures that apply when presenting your case in writing.
5. If the documents are in the correct form, Registry staff will stamp the original and the copies of the application for an extension of time and the affidavit. If you have decided to present your case orally before a Judge the Registry will also write on the application for an extension of time the time and date when the matter will be considered by the Court.
6. You must arrange for a copy of these documents to be served on each respondent to the application for an extension of time to appeal as soon as possible. For more information about service see Order 52 rule 2 of the Federal Court Rules.
How to fill in your application for an extension of time to file and serve a Notice of Appeal
Please read all of these notes before you begin completing the application for leave form.
These instructions assume that you are not represented by a lawyer.
Heading
In the spaces provided, write:
• your full name
• the name of each respondent to the application.
Paragraph 1
In the spaces provided write:
• the name of the Judge (or Judges if more than one) or Court who made the decision you are seeking to appeal against
• the date of the decision was made
• the city where the decision was made.
Paragraph 2
You do not need to add anything here.
Paragraph 3
If you have decided to present your case orally before a Judge delete the first sentence of the paragraph. If you have decided to present your case in writing delete the second sentence of the paragraph.
Paragraph 4
This paragraph refers to the affidavit. You do not need to add anything here.
Date and signature
The application must be signed and dated.
Filing details
Under the horizontal line at the bottom of the application write:
• your name
• your address for service, telephone number and facsimile number (if any).
Note: your address for service is an address to which the Court or the respondent can deliver or send letters or documents to you. The address must be in Australia. The address must be a street address and cannot be a Post Office Box.
(January 2005)