The Supreme Court reads before it listens. For an appeal that means the appeal book; for a review it means the review book, and in election petition reviews the Rules leave nothing about it to discretion.
When it must be filed
Within 14 days after the Directions Hearing, the applicant shall compile, file and serve the Review Book on each respondent.
The clock is short because the whole election petition review timetable is short: leave applied for within 14 days of the decision, the application to review filed within 14 days of leave, a directions hearing within 14 days of filing, the review book within 14 days after that, and a pre-hearing conference within 21 days of the directions hearing. Rule 20(b) requires a draft index to be filed with the application itself, and Rule 28(h) has the index settled at the directions hearing, so the book is assembled to an index the Registrar has already approved. See what happens after leave in an election petition review.
Format
The Review Book shall be prepared: (a) in bound volumes in a suitable binder on A4 size paper with tabs; (b) the thickness of any one volume shall not exceed 38mm; (c) the title pages shall give the full and correct title of the proceedings and the names of the lawyers for each party, telephone numbers and addresses for service; (d) after the title page there shall follow the index, a complete list of documents as settled by the Registrar, stating at what page each appears; (e) in the index the exhibits shall be marked in the order in which they were identified or numbered in the National Court; (f) the date and a short description of each document shall precede it, but the backsheet or formal heading shall not be copied and jurats, formal identification of exhibits and the like shall be omitted; (g) where the transcript of evidence is reproduced, the name of the witness with a notation whether the evidence is in chief (IC), cross-examination (XX) or re-examination (RX) shall appear on the right hand side of each page; (h) only such documents as are relevant or necessary shall be included.
Order of contents
The Review Book shall be paginated and arranged in the following order: (a) the title page; (b) index; (c) order granting leave; (d) the application for review; (e) the election petition; (f) evidence, oral or affidavit, stating the name of each witness or deponent and the page on which the evidence commences; (g) testimony taken on commission or before an examiner; (h) exhibits in the order identified in the National Court; (i) written submissions filed in the National Court; (j) the reasons for decision of the National Court; (k) the formal judgment or order.
| Feature | Review book (O 5 rr 29–32) | Appeal book (O 7 Divisions 11–16) |
|---|---|---|
| Who prepares | Applicant | Appellant, after appointment to settle and settlement before the Registrar |
| Deadline | 14 days after the directions hearing | As directed at settlement; lodged before the call over |
| Index | Draft filed with the application; settled at the directions hearing | Draft index served under O 7 r 40; settled by the Registrar |
| Certification | Copies examined against originals and certified correct by the parties (r 32) | Certified by the parties at settlement |
| Transcript | Requested on the application; applicant pays the cost fixed by the Registrar (rr 20, 24) | Requested on the notice of appeal; appellant pays |
Certification and transcript
Rule 32 requires a copy of the review book to be examined with the original documents and all copies to be certified as correct by the parties. A respondent who refuses to certify must say why, and the dispute goes to the Judge at the pre-hearing conference, which under Rule 34(b) confirms the correctness of the book. Rule 24 makes the applicant meet the cost of the transcript as determined by the Registrar; a book filed without a transcript the applicant said was required is not correct. See getting a transcript.
If the book is late or wrong
Where a party has not done any act required by Division 2, or has not prosecuted the application with due diligence, or has failed to comply with a direction, the Court or a Judge may, on its own motion or on application, dismiss the application for leave or the application for review where the defaulting party is the applicant, set the matter down for an expedited hearing where the defaulting party is the respondent, or fix a time peremptorily. Rule 39 lets the Court or a Judge dispense with compliance with any requirement of the Rules, before or after the occasion for compliance, unless it is a requirement of the Organic Law, which is where a late review book is rescued if at all.
Books in other reviews and references
Outside election petition reviews the Rules give no separate prescription. Order 13 Rule 7(3) provides that for applications, references and all other matters heard by the Court, the index and the application book or reference book shall be prepared as closely as possible, and so far as relevant, to Order 7 Divisions 14 and 15, the appeal book rules, and Rule 7(2) provides that no substantive matter is added to the call over list until the book is filed. A section 155(2)(b) review of a civil or criminal judgment therefore uses an application book modelled on the appeal book, settled with the Registrar, containing the application, the National Court documents, the evidence, the reasons and the order. See what goes into an appeal book and how it is arranged.
Sources
- Supreme Court Rules 2012 — O 5 rr 18–24, 27–39; O 7 Divisions 11–16; O 13 r 7
Before relying on anything here, read the current text of the Supreme Court Rules 2012 and check for later amendments. If a decision matters to you, get advice — start with the Office of the Public Solicitor, or find a firm in the law firms directory.