Form 105
(version 4)
UCPR 51.16, 51.18, 51.20
UCPR 51.16, 51.18, 51.20
NOTICE OF APPEAL
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COURT DETAILS
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Court
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Supreme Court of New South Wales,
Court of Appeal
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Registry
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Sydney
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Case number
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TITLE OF PROCEEDINGS
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[First] appellant
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[name]
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#Second appellant #Number of
appellants (if more than two)
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[First] respondent
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[name]
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#Second
respondent
#Number of respondents (if more than
two)
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PROCEEDINGS IN THE COURT
BELOW
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Title below
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[eg X Pty Limited and another v Y
and others]
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Court below
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Case number below
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Date[s] of hearing
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Material date
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Decision of
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[Judicial officer's name and
designation]
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FILING DETAILS
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Filed for
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[name]
[role of party eg appellant]
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#Filed in
relation to
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[eg whole decision below, decision below in relation to (number)
cross-claim, decision below in relation to quantum]
[include
only if form to be eFiled]
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#Legal
representative
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[solicitor
on record] [firm]
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#Legal
representative reference
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[reference
number]
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Contact name and telephone
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[name] [telephone]
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Contact email
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[email address]
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HEARING DETAILS
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This notice of appeal is listed for
directions at [time, date and place to be inserted by the registry
unless otherwise known].
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TYPE OF APPEAL
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[Select
type of appeal from the list provided in section 6 of the Guide to
preparing documents, available on the UCPR website at
www.lawlink.nsw.gov.au/ucpr
or at any NSW court registry.]
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DETAILS OF APPEAL
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- This appeal is brought under [state the statutory provision under which the appeal is brought].
- #This notice of appeal is not filed pursuant to leave to appeal.
#Leave to appeal
was granted on [date].
- #The appellant has not filed a notice of intention to appeal.
#The appellant has
filed and served a notice of intention to appeal, which was served on
the [#prospective respondent #last of the prospective respondents] on
[date].
- #The appellant appeals from the whole of the decision below.
#The appellant
appeals from the part of the decision below in relation to [state the
relevant part of the decision below].
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APPEAL GROUNDS
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- [State briefly, but specifically, the grounds relied on in support of the appeal.]
- [ ]
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ORDERS SOUGHT
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- Appeal allowed.
- [#Judgment #Order (number eg 3, if appealing part only)] of the court below be set aside.
- [State what judgment, order, verdict or determination the appellant seeks in place of the decision of the court below.]
- The [role of party eg respondents] pay the appellant's costs.
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#SIGNATURE OF LEGAL
REPRESENTATIVE
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#This notice of appeal does not require
a certificate under section 347 of the Legal Profession Act 2004.
#I certify under section 347 of the
Legal Profession Act 2004 that there are reasonable grounds for
believing on the basis of provable facts and a reasonably arguable
view of the law that the claim for damages in these proceedings has
reasonable prospects of success.
I have advised
the appellant[s] that court fees will be payable during these
proceedings. These fees may include a hearing allocation fee.
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Signature
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Capacity
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[eg
solicitor on record, contact solicitor]
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Date of signature
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#SIGNATURE OF OR ON BEHALF
OF APPELLANT IF NOT LEGALLY REPRESENTED
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I acknowledge
that court fees will be payable during these proceedings. These fees
may include a hearing allocation fee.
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Signature
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Capacity
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[eg authorised officer, role of
party]
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Date of signature
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NOTICE TO RESPONDENT
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If your solicitor, barrister or you do
not attend the hearing, the court may give judgment or make orders
against you in your absence. The judgment may be for the orders
sought in the notice of appeal and for the appellant's costs of
bringing these proceedings.
Before you can appear before the court,
you must file at the court an appearance in the approved form.
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HOW TO RESPOND
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Please read this notice of appeal
very carefully. If you have any trouble understanding it
or require assistance on how to respond to the notice
of appeal you should get legal advice as soon as possible.
You can get further information about
what you need to do to respond to the notice of appeal from:
- A legal practitioner.
- LawAccess NSW on 1300 888 529 or at www.lawaccess.nsw.gov.au.
- The court registry for limited procedural information.
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REGISTRY ADDRESS
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Street address
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Supreme Court
of New South Wales, Court of Appeal
Law Courts
Building
Queen's
Square
Level 5, 184
Phillip Street
Sydney NSW 2000
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Postal address
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GPO Box 3
Sydney NSW 2001
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DX
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DX 829 Sydney
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Telephone
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1300 679 272
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PARTY DETAILS
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A list of parties must be filed and
served with this notice of appeal.
[on separate page]
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FURTHER DETAILS ABOUT
APPELLANT[S]
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[Do
not include this section if you have previously given this
information to the court in these appeal proceedings, eg in a summons
for leave to appeal.]
[First] appellant
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Name
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Address
[The filing party must give the party's address.] |
#[unit/level number]
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#[building name]
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[street number]
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[street name]
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[street type]
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[suburb/city]
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[state/territory]
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[postcode]
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#[country (if not Australia)]
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#Frequent user identifier
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[include
if the appellant is a registered frequent user]
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[repeat
the above information as required for the second and each additional
appellant]
#Legal representative for appellant[s]
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Name
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[name of solicitor on record]
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Practising certificate number
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Firm
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[name of firm]
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#Contact solicitor
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[include
name of contact solicitor if different to solicitor on record]
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Address
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#[unit/level number]
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#[building name]
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[street number]
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[street name]
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[street type]
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[suburb/city]
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[state/territory]
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[postcode]
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DX address
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Telephone
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Fax
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Email
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Electronic service address
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[#email address for electronic
service eg service@emailaddress.com.au
#Not applicable]
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#Contact details for appellant[s] acting in person or by
authorised officer
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#Name of authorised officer
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#Capacity to act for appellant[s]
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Address for service
[The filing party must give an address for service. This must be an address in NSW unless the exceptions listed in UCPR 4.5(3) apply. State "as above" if the filing party’s address for service is the same as the filing party's address stated above.] |
#as above
#[unit/level number]
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#[building name]
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[street number]
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[street name]
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[street type]
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[suburb/city]
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[state/territory]
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[postcode]
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Telephone
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#Fax
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Email
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DETAILS ABOUT RESPONDENT[S]
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[First] respondent
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Name
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Address
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#[unit/level
number]
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#[building
name]
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[street number]
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[street name]
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[street type]
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[suburb/city]
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[state/territory]
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[postcode]
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#[country (if not Australia)]
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[repeat
the above information as required for the second and each additional
respondent]
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