NSW UCPR [Form 84] Summons Commencing an Appeal or Cross-Appeal / Seeking Leave to Appeal or Cross-Appeal ➲ Part 50

When is a NSW UCPR [Form 84] Summons Commencing a Part 50 Appeal to the Court used?

See UCPR 50.4, 50.12 and 50.13 for more information.

You MUST use this [Form 84] if you are filing:

✅ A Summons Commencing an Appeal or Cross-Appeal other than:

❌ An Appeal to the Court of Appeal;

❌ An Appeal against a conviction or sentence in the Local Court; or

❌ An Appeal from the decision of a liquidator, receiver or manager; or

✅ A Summons Seeking Leave to Appeal or Cross-Appeal.

Summons Commencing an Appeal (Part 50)

A Summons Commencing an Appeal (Part 50) MUST include information about:

⚖️ Whether the Appeal relates to the whole or part only, and what part, of the decision of the court below;

⚖️ What decision the Plaintiff seeks in place of the decision of the court below;

⚖️ The grounds relied on in support of the Appeal; and in particular:

⚖️ Any grounds on which it is contended that there is an error of law in the decision of the Court below (UCPR 50.4).

This rule does not apply to proceedings that are entered in the Commercial List in the Supreme Court.

Summons Commencing a Cross-Appeal (Part 50)

A Summons Commencing a Cross-Appeal (Part 50) MUST include information about:

⚖️ Whether the Cross-Appeal relates to the whole or part only, and what part, of the decision of the court below;

⚖️ What decision the Cross-Appellant seeks in place of the decision of the court below;

⚖️ The grounds relied on in support of the Cross-Appeal; and in particular:

⚖️ Any grounds on which it is contended that there is an error of law in the decision of the Court below (UCPR 50.10).

This rule does not apply to proceedings that are entered in the Commercial List in the Supreme Court.

Summons Seeking Leave to Appeal (Part 50)

A Summons Seeking Leave to Appeal (Part 50) MUST include information about:

⚖️ Whether the Appeal relates to the whole or part only, and what part, of the decision of the court below;

⚖️ What decision the Plaintiff seeks in place of the decision of the court below;

⚖️ The nature of the case;

⚖️ The reasons why leave should be given;

⚖️ If applicable, the reason why time for Leave to Appeal should be extended; and

⚖️ The grounds relied on in support of the Appeal; and in particular:

⚖️ Any grounds on which it is contended that there is an error of law in the decision of the Court below (UCPR 50.12).

This rule does not apply to an Appeal under section 39 of the Victims Support and Rehabilitation Act 1996 .

‍Note : See instead rule 50.23.

Summons Seeking Leave to Cross-Appeal (Part 50)

A Summons Seeking Leave to Cross-Appeal (Part 50) MUST include information about:

⚖️ Whether the Cross-Appeal relates to the whole or part only, and what part, of the decision of the court below;

⚖️ What decision the Cross-Appellant seeks in place of the decision of the court below;

⚖️ The nature of the case;

⚖️ The reasons why leave should be given;

⚖️ If applicable, the reason why time for Leave to Cross-Appeal should be extended; and

⚖️ The grounds relied on in support of the Cross-Appeal; and in particular:

⚖️ Any grounds on which it is contended that there is an error of law in the decision of the Court below (UCPR 50.13).

Procedural Rules

The procedural rules for Part 50 Appeals to the NSW Courts other than:

❌ An Appeal to the Court of Appeal;

❌ An Appeal against a conviction or sentence in the Local Court; or

❌ An Appeal from the decision of a liquidator, receiver or manager are contained in Part 50 of the Uniform Civil Procedure Rules 2005 (NSW) (UCPR).

The procedural rules for judicial review are contained in Part 59 of the UCPR.

Time Limits

See UCPR 50.3, 50.10, 50.12 and 50.13 for more information.

⚖️ You MUST file this [Form 84] Summons Commencing an Appeal or Cross-Appeal / Seeking Leave to Appeal

‍ (a) within 28 days after the material date; or

(b) if the appeal relates to the decision of a judicial officer, within such further time as the judicial officer may allow so long as the application for such further time is filed within 28 days after the material date; or

(c) within such further time as the higher court may allow.

⚖️ You MUST file this [Form 84] Summons Seeking Leave to Cross-Appeal

‍ (a) within 14 days after service of the Summons Commencing the Appeal or the Summons Seeking Leave to Appeal, or

(b) within such further time as the higher court may allow.

Note : The provisions of this Part, like the other provisions of these rules, are subject to any Act that makes provision to the contrary.

For example: Section 24 of the Companion Animals Act 1998 provides that an appeal to the District Court against an order disqualifying a person from owning a dog may only be made within 28 days after the date on which the order is made.

You MUST also file or lodge a copy of this [Form 84] Summons with the court below (UCPR 50.6).

Time Limit Example

For example, if the material date is 1 December 2007, then you MUST file the this [Form 84] Summons Commencing an Appeal or Cross-Appeal / Seeking Leave to Appeal or Cross-Appeal by 2 March 2008, but as that is a Sunday, then filing the originating process by Monday 3 March 2008 would be acceptable (see UCPR 1.11 - Reckoning of Time).

Extensions of Time

An application for an extension of time MUST form part of this [Form 84] Summons.

Orders Sought

You MUST identify the orders made by the court below which are the subject of challenge.

Appeals are brought from orders, not from the reasons of the court below.

You MUST identify the orders you want set aside or varied and the orders you seek in their place.

List of parties

See UCPR 4.2A for more information.

Where there were more than 2 Plaintiffs or more than 2 Defendants in the Court below +/or Appellants/Respondents involved in the Part 50 Appeal, a [Form 82] List of Parties (Part 50 Appeal) MUST be filed and served together with this [Form 84] Summons.

It MUST be updated, re-filed and re-served by the relevant party with any document that first records a change in the parties to the Part 50 Appeal Proceedings.

Its purpose is to set out:

⚖️ The parties in the Court and in the court below; and

⚖️ The contact details of parties in the Court.

Document Overview:

✅ Suitable for the NSW Courts under the Uniform Civil Procedure Rules (NSW) 2005;

✅ Recommended only for use by legal professionals +/or at a minimum with review by a legal professional prior to filing with the Court;

Embedded Lawyer-Logic™ dynamically adapts to your answers to provide valuable guidance and help you avoid errors.

Legal Advice Recommended

The preparation of a Summons Commencing an Appeal or Cross-Appeal / Seeking Leave to Appeal or Cross-Appeal may have potential legal and legal cost implications.

In short, due to the complexities involved:

➲ We recommend you contact our legal team to obtain legal advice and guidance.

Important Notes:

The party filing this Form is required to serve a copy of the filed Form together with all other filed documents on all other parties to the proceeding.