Part XII: Appeals

79. Requests for further arguments before the Judge or Registrar

79A. Submissions by leading and junior assisting counsel in Registrar’s Appeals

79. Requests for further arguments before the Judge or Registrar

(1) All requests for further arguments shall be made by way of Request electronic form and filed through the Electronic Filing Service.

(2) The party filing the Request must, either in the Request or a document attached thereto —

(a) state the party making the request;

(b) identify the Judge or Registrar who heard the matter in question;

(c) specify when the order concerned was made;

(d) state the provision of law under which the request is made;

(e) set out the proposed further arguments briefly, together with any supporting authorities; and

(f) include a copy of each of the authorities cited.

(3) A copy of the request must be furnished to all parties concerned.

(4) All requests must be addressed to the Registrar.

79A. Submissions by leading and junior assisting counsel in Registrar’s Appeals

(1) Notwithstanding Practice Direction 116, in the event that a party is represented by more than one counsel in the conduct of a Registrar’s Appeal, junior assisting counsel are ordinarily expected to make part of the submissions at any oral hearing.

(2) Lead counsel is to inform the Court at the start of the oral hearing which issues would be addressed by the lead counsel or the junior assisting counsel.

(3) Unless otherwise directed by the Court,

(a) counsel should ensure that he or she confines himself or herself to the issues to be addressed and that there is no overlap in the issues being dealt with by different counsel for the same party; and

(b) counsel must not repeat, clarify or expand on any submissions that have been made by another counsel for the same party.

(4) Nothing in this Practice Direction detracts from the responsibility of lead counsel to ensure that all counsel making submissions are adequately supervised and able to handle the tasks assigned to them.