Summons commencing an appeal (Part 50) / Summons seeking leave to appeal (Part 50)84 http://www.ucprforms.lawlink.nsw.gov.au/ucprforms/index.html

Form 84 (version 4)
UCPR 50.4, 50.12

#SUMMONS COMMENCING AN APPEAL (PART 50)

#SUMMONS SEEKING LEAVE TO APPEAL (PART 50)

COURT DETAILS
Court
#Division
#List
Registry
Case number
TITLE OF PROCEEDINGS
[First] plaintiff	[name]
#Second plaintiff #Number of plaintiffs (if more than two)	[#name #number Refer to Party Details at rear for full list of parties]
[First] defendant	[name]
#Second defendant #Number of defendants (if more than two)	[#name #number Refer to Party Details at rear for full list of parties]
PROCEEDINGS IN THE COURT BELOW
Title below	[eg X Pty Limited and another v Y and others]
Court below
Case number below
Date[s] of hearing
Material date
Decision of	[Judicial officer's name and designation]
FILING DETAILS
Filed for	[name] [role of party eg defendant]
#Filed in relation to	[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]
#Legal representative	[solicitor on record] [firm]
#Legal representative reference	[reference number]
Contact name and telephone	[name] [telephone]
Contact email	[email address]
HEARING DETAILS

This summons is listed at [time, date and place to be inserted by the registry unless otherwise known].

TYPE OF CLAIM

[Select type of claim 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.]

DETAILS OF APPEAL

1. #The plaintiff appeals from the whole of the decision below.

#The plaintiff appeals from the part of the decision below in relation to [state the relevant part of the decision below].

ORDERS SOUGHT

1. #Leave to appeal from the whole of the decision below.

#Leave to appeal from the part of the decision below in relation to [state the relevant part of the decision below].

2. Appeal allowed.
3. [#Judgment #Order (number eg 3, if appealing part only)] of the court below be set aside.
4. [State what decision the plaintiff seeks in place of the decision of the court below.]
5. [ ]

APPEAL GROUNDS

1. [State briefly but specifically the grounds relied on in support of the appeal. Include details of any contention that there was an error of law in the decision of the court below.]
2. [ ]

#SIGNATURE OF LEGAL REPRESENTATIVE

#This summons 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 plaintiff[s] that court fees will be payable during these proceedings. These fees may include a hearing allocation fee.

Signature
Capacity	[eg solicitor on record, contact solicitor]
Date of signature

#SIGNATURE OF OR ON BEHALF OF PLAINTIFF IF NOT LEGALLY REPRESENTED

I acknowledge that court fees will be payable during these proceedings. These fees may include a hearing allocation fee.

Signature
Capacity	[eg authorised officer, role of party]
Date of signature

NOTICE TO DEFENDANT

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 relief claimed in the summons and for the plaintiff’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.

HOW TO RESPOND

Please read this summons very carefully. If you have any trouble understanding it or require assistance on how to respond to the summons you should get legal advice as soon as possible.

You can get further information about what you need to do to respond to the summons from:

• A legal practitioner.
• LawAccess NSW on 1300 888 529 or at www.lawaccess.nsw.gov.au.
• The court registry for limited procedural information.

REGISTRY ADDRESS
Street address
Postal address
Telephone

[on separate page]

#PARTY DETAILS

[include only if more than two plaintiffs and/or more than two defendants]

PARTIES TO THE PROCEEDINGS

Plaintiff[s]	Defendant[s]
[name] [role of party eg first plaintiff]	[name] [role of party eg first defendant]
[repeat as required for each additional plaintiff]	[repeat as required for each additional defendant]

FURTHER DETAILS ABOUT FILING PARTY

[First] plaintiff

Name
Address [The filing party must give the party's address.]	#[unit/level number]		#[building name]
	[street number]	[street name]		[street type]
	[suburb/city]	[state/territory]		[postcode]
	#[country (if not Australia)]
#Frequent user identifier	[include if the plaintiff is a registered frequent user]

[repeat the above information as required for the second and each additional plaintiff]

#Legal representative for plaintiff[s]

Name	[name of solicitor on record]
Practising certificate number
Firm	[name of firm]
#Contact solicitor	[include name of contact solicitor if different to solicitor on record]
Address	#[unit/level number]		#[building name]
	[street number]	[street name]		[street type]
	[suburb/city]	[state/territory]		[postcode]
DX address
Telephone
Fax
Email
Electronic service address	[#email address for electronic service eg service@emailaddress.com.au #Not applicable]

#Contact details for plaintiff[s] acting in person or by authorised officer

#Name of authorised officer
#Capacity to act for plaintiff[s]
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]		#[building name]
	[street number]	[street name]		[street type]
	[suburb/city]	[state/territory]		[postcode]
#Telephone
#Fax
#Email

DETAILS ABOUT DEFENDANT[S]

[First] defendant

Name
Address	#[unit/level number]		#[building name]
	[street number]	[street name]		[street type]
	[suburb/city]	[state/territory]		[postcode]
	#[country (if not Australia)]

[repeat the above information as required for the second and each additional defendant]