Practice Note APP 2: Content of Appeal Books and Preparation for Hearing

Appeals Practice Note

This version: From 11 June 2026

Previous version: To 10 June 2026

1. Introduction and relevant information

1.1 This Practice Note deals with the content and preparation of:

(i) Appeal Books;
(ii) Submissions;
(iii) Abandoning Grounds of Appeal;
(iv) Lists of Authorities; and
(v) Electronic appeals.

1.2 Any reference in this Practice Note to an “appellant” includes an “applicant”, where applicable.

1.3 This Practice Note:

(a) takes effect from the date it is reissued and, to the extent practicable, applies to proceedings whether filed before, or after, the date of reissuing;

(b) applies to all parties in respect of the following proceedings:

(i) appeals from the Administrative Review Tribunal, determinations of the Australian Financial Complaints Authority, but only in relation to superannuation complaints and the National Native Title Tribunal (“Tribunal appeals”);

(ii) appeals or applications to be heard by a Full Court; and

(iii) appeals to be heard by a single judge in the Court’s appellate jurisdiction pursuant to sections 24 and 25 of the Federal Court of Australia Act 1976 (Cth) (“Federal Court Act”) excluding appeals brought under the Migration Act 1958 (Cth).

(Appeals and applications in (b) are referred to as “appeals”)

2. Default by a party

2.1 Where a party is in default of any of the requirements of this practice note or any directions or orders that have been made by a Registrar or National Appeals Coordinating Judge, the parties including the party or parties not in default have an obligation to bring this matter to the attention of the chambers of the judge hearing the appeal (or the chambers of the presiding judge if there is more than one judge) or the appeals registrar of the NOR who will then give or arrange for appropriate directions. At the same time, that party must also notify the other parties to the appeal

3. Appeal books

3.1 Subject to any order or direction of the Court, appeal books must be prepared in accordance with:

(a) for appeals (other than Tribunal appeals) – Division 36.5 of the Federal Court Rules;

(b) for Tribunal appeals – Division 33.2 of the Federal Court Rules; and

(c) the requirements set out in paragraphs 3.2 to 3.5 below.

3.2 Appeal books are only to be filed in digital form, unless otherwise directed by the Court.

3.3 Appeal books should:

(a) be provided in a format where the text on all pages can be searched and copied;

(b) be prepared so that documents in landscape format appear in that format without the need to rotate the page;

(c) be prepared in the format, or formats, specified by the chambers of the presiding judge or, if a single judge appeal, the docket judge; and

(d) be paginated sequentially independently of any individual document page numbering.

Format 1: Separate PDF or other index with cross-document relative hyperlinks to attachments

3.4 Appeal books and lists of authorities prepared in accordance with Format 1 will comprise a separate PDF or other (such as Word or Excel) index with cross-document relative hyperlinks to attachments that complies with the following guidance:

(a) the index is to be in the form of a table with rows containing sequentially numbered tabs, document titles, and dates where applicable;

(b) subject to any other requirements, the index is to group documents appropriately;

(c) the index is to include for each listed document a cross-document relative hyperlink to the attached document;

(d) the attachments to the index are to be separate documents so that when the cross-document relative hyperlink in the index is activated, the attached document opens so as to enable multiple documents from the index to be open concurrently;

(e) primarily, the relative hyperlinked attachments are to be PDF documents, but where appropriate, may be in native form (for example, an Excel spreadsheet);

(f) the documents are to be paginated sequentially (independently of any individual document page numbering), and the sequential page numbers are to correspond with the page numbers displayed on each page of the eBook, and any Format 2 or any hard copy, versions of the eBook;

(g) in the case of an eBook of authorities, the attached documents are to be named according to their corresponding tab numbers followed by a sufficient description of the authority, for example “02. Décor v Dart [1991] FCA 844”;

(h) in the case of affidavits:

(i) where an annexure comprises a bundle of documents, the index to the affidavit is to separately refer to each document in the bundle, and each document in the bundle is to be separately bookmarked (using nested bookmarks as necessary);

(ii) any annexures to the affidavit should be bookmarked within the PDF document comprising the affidavit; and

(iii) alternatively, in the case of affidavits with a large number of annexures, consideration should be given to indexing the annexures separately with their own hyperlinks.

Format 2: One bookmarked and internally relative hyperlinked PDF document

3.5 Appeal books and lists of authorities prepared in accordance with Format 2 will comprise one bookmarked PDF document that complies with the following guidance:

(a) the PDF document is to be paginated sequentially (independently of any individual document numbering), and the pdf display numbers are to correspond with the sequential page numbers displayed on each page of the eBook, and any Format 1 or any hard copy, versions of the eBook;

(b) the PDF document is to have an index at the front in the form of a table with rows containing sequentially numbered tabs, document titles, dates where applicable, and the corresponding page number;

(c) subject to any other requirements, the index is to group documents appropriately;

(d) the PDF document is to contain an appropriately titled bookmark for each document, and the title of the bookmark should include the relevant tab number in the index and a brief description of the document, for example, “01. Originating application” and “34. Email from Smith to Jones 12.9.23”;

(e) the index is to include for each listed document an internal relative hyperlink to the document contained within the PDF document;

(f) in the case of an eBook of authorities, the authorities are to have an appropriately titled bookmark, and the title of the bookmark should include the relevant tab number in the index and a sufficient description of the authority, for example, “02. Décor v Dart [1991] FCA 844”; and

(g) in the case of affidavits, any annexures are to be separately bookmarked and where an annexure comprises a bundle of documents, the index to the affidavit is to separately refer to each document in the bundle, and each document in the bundle is to be separately bookmarked (using nested bookmarks as necessary).

4. Outlines of submissions and chronology

4.1 Each party must prepare an outline of that party’s submissions (see r 36.55 for appeals and r 33.27 for Tribunal appeals).

4.2 The outline of submissions must:

(a) contain a concise statement of the issues on appeal;

(b) contain an outline of the argument to be presented on each issue, specifying the steps in the argument, and any legislation, authorities or findings of fact to be relied upon in support of each step;

(c) not exceed 10 pages (5 pages for submissions in reply), including any annexures, unless leave has been given; and

(d) be easily legible using a font size of at least 12 points and one and a half line spacing throughout, including in any annexures. Italics or underlining should be used for legislation and case citations and boldface or italics may be used for occasional emphasis.

4.3 Where a party intends to challenge any of the primary judge’s findings of fact, the outline must:

(a) identify the error (including any failure to make a finding of fact);

(b) identify the finding that the party contends ought to have been made;

(c) state concisely why, in the party’s submission, the finding, or failure to make a finding, is erroneous; and

(d) refer to the evidence to be relied upon in support of the argument.

4.4 The outline of submissions must be accompanied by a chronology (see r 36.55(1)(c) for appeals and r 33.27(1)(c) for Tribunal appeals).

4.5 All references to documents, witness statements, affidavits or oral evidence in the versions of appeal submissions filed prior to the filing of an appeal book pursuant to r 36.56 should:

(a)  in the case of documents, briefly describe the document being referred to, and include pinpoint references to relevant paragraphs or pages, refer to any applicable document identifier (for example, exhibit number or Bates code number) or court book page number in the proceeding before the primary judge or relevant Tribunal; and

(b)  in the case of witness statements and affidavits, refer to the relevant paragraph number(s), and, in the case of oral evidence, refer to the page and line number(s) in the transcript in the proceeding before the primary judge or relevant Tribunal.

4.6 All references to documents in Part 1 and Part 2 in the updated versions of appeal submissions filed pursuant to r 36.55(1)(b):

(a) must, if it is not apparent from the text of the submissions, provide a brief description of the document, for example, “Blackacre board minutes 12.3.25” and “Herald article ‘Jane Doe stole from government’ 5.6. 21”;

(b) must, where an appeal book is prepared in Format 1, refer to the relevant numbered tab and the sequential page number of the document within the appeal book (for example, Pt 2 tab 10, p 354, or Pt 2.10.354);

(c) must, where an appeal book is prepared in Format 2, refer to the pdf display number which is to correspond with the sequential page number of the document within the appeal book (for example, Pt 2 p 354, or Pt 2.354); and

(d) must, where an appeal book is prepared in both Format 1 and Format 2, provide the references set out in (b) above.

4.7 All references to authority must give the case name and citation and refer to the relevant paragraph number, where available, otherwise the page and the relevant part of the page (for example, Wei v Minister for Immigration and Border Protection (2015) 257 CLR 22 at [23] and Allied Pastoral Holdings Pty Ltd v Federal Commissioner of Taxation [1983] 1 NSWLR 1 at 16C to 18G). For further details on how to reference cases refer to the Lists of Authorities and Citations Practice Note (GPN-AUTH).

4.8 It is expected that oral arguments will follow the outline of submissions. New issues, not included in the outline, may not be advanced on the hearing except with the leave of the Court.

5. Notice of Grounds of Appeal (or Contention) Abandoned

5.1 Within a reasonable time before the hearing of an appeal, notice must be given to the Court and to the other parties:

(a) by the appellant, of any abandoned grounds of appeal; and

(b) by the respondent, of any abandoned grounds in a notice of contention.

5.2 Counsel should also be ready to indicate, at the conclusion of oral argument, whether any, and if so which, grounds of appeal are no longer pressed.

6. eBooks of Authorities

6.1 Separate eBooks of authorities for each party should be avoided. Rather, eBooks of authorities should include a jointly consolidated version of all of the authorities, legislation and explanatory and other material proposed to be relied upon at the hearing by all parties.

6.2 eBooks of authorities should be divided into the following sections, each section being arranged in alphabetical order:

(a) authorities;
(b) legislation; and
(c) bills and other explanatory material.

6.3 If it is proposed to only include one or more extracts from a particular document rather than the whole document, all extracts to be relied upon should be provided in a single consolidated document.

6.4 Extracts from legislation should identify the date in force of the extract.

7. Assistance from Registrars

7.1 If any dispute or question arises in relation to the preparation of appeal books (for example, where there are cross-appeals or notices of contention) the parties should approach a Registrar as soon as practicable to resolve the issue.

D S Mortimer
Chief Justice
11 June 2026