HOW TO LODGE AN APPEAL AGAINST A CRIMINAL INJURIES COMPENSATION AWARD IN THE DISTRICT COURT

Transcription

1 HOW TO LODGE AN APPEAL AGAINST A CRIMINAL INJURIES COMPENSATION AWARD IN THE DISTRICT COURT 1. Lodge two copies of the Notice of Appeal (attachment 1) and two copies of Payment Into Court (attachment 2) at the District Court Registry together with fee ($59.50 for an individual or small business or $ for a corporation) plus $ security for costs. The filing fee may be waived under certain circumstances but the security for costs must be paid in all cases. Contact the court for further information. 2. The Court will keep one copy of the Notice of Appeal and Payment Into Court and return a stamped (sealed) copy for your own records. 3. You MUST take photocopies of the stamped (sealed) Notice of Appeal and Payment Into Court and serve (give) one copy to the Respondent and each of the following: Criminal Injuries Assessor State Solicitor Office Level 2, May Holman Centre Level 14, Hartley Poynton Centre 32 St Georges Tce 141 St Georges Tce 4. The Respondent and State Solicitor s Office should then file a Notice of Intention to Appear with the Court and serve a copy on yourself. When you have been served with the Notice of Intention to Appeal you may now file a Notice of Entry for Hearing. OR If the Respondent and State Solicitor s Office fails to serve you with a Notice of Intention to Appear within 30 days of the date you served (gave) them a copy of the Notice of Appeal then you may file a Notice of Entry for Hearing (attachment 2) (no fee). 5. The Court will then list the appeal before a Registrar for a mention (this is a preliminary hearing to determine what needs to be done before the appeal is listed before a Judge) and then notify you, the Respondent and State Solicitor s Office of the date of that mention hearing by mail. 6. You SHOULD appear in Court on that date. If you fail to attend, orders may be made in your absence. 7. On that day, the Registrar may make some orders that will assist the appeal to proceed further. Once all orders are complied with you may then seek to have the appeal listed for hearing. 8. In order for the appeal to be determined before a Judge, you will need to write to the Civil Listings Officer District Court Level 500 Hay Street, Perth WA This letter should include all parties unavailable dates (you are responsible for obtaining these dates from all parties), and an estimate of the length of the hearing. You are also required to pay fees for the hearing. Note: The Hearing Fee payable to have the Appeal listed is; $ for an individual or $ for a corporation for a half day $ for an individual or $ for a corporation for a full day These fees may be Waived, Deferred or Reduced upon application to the court. 9. The Civil Listings Officer will notify yourself, the Respondent and State Solicitor s Office of the date of hearing. 10. You SHOULD attend the hearing on that day. If you fail to attend, orders may be made in your absence. FOR ANY FURTHER ENQUIRIES PLEASE CONTACT THE COURT ON

2 ( ATTACHMENT 1 ) IN THE DISTRICT COURT OF WESTERN AUSTRALIA HELD AT PERTH APP. NO. OF 200 IN THE MATTER of Part 7 of the Criminal Injuries Compensation Act and- IN THE MATTER of an application by: Respondent NOTICE OF APPEAL UNDER THE CRIMINAL INJURIES COMPENSATION ACT 2003 Filed on behalf of: THE APPELLANT Date of filing: Prepared by: Address: Telephone: TAKE NOTICE that I desire to appeal, under Section 55 of the Criminal Injuries Compensation Act 2003, against the decision of the Chief Assessor of Criminal Injuries Compensation dated

3 TAKE NOTICE that the District Court will be moved by way of appeal at the first sittings of the Court appointed to be held for orders that: The is dissatisfied with the decision of the Chief Assessor because: SIGNED BY APPELLANT TO: RESPONDENT AND/OR SOLICITOR CRIMINAL INJURIES ASSESSOR Level 2, May Holman Centre 32 St Georges Tce STATE SOLICITORS OFFICE Level 14, Hartley Poynton Centre 141 St Georges Tce

4 ( ATTACHMENT 2 ) IN THE DISTRICT COURT OF WESTERN AUSTRALIA HELD AT PERTH APP. NO. OF 200 IN THE MATTER of the District Court (Appeal) Rules and IN THE MATTER of an Appeal under Section 55 of the Criminal Injuries Compensation Act 2003, against the decision of the Chief Assessor of Criminal Injuries Compensation dated BETWEEN -and- Respondent PAYMENT INTO COURT Date of filing: Filed on behalf of: THE APPELLANT Prepared by: Address: Telephone: TAKE NOTICE that pursuant to Order 8 Rule 6 of the District Court Rules the makes payment of $ for costs of this Appeal. TO: The Respondent His/Her Solicitor

5 ( ATTACHMENT 3 ) IN THE DISTRICT COURT OF WESTERN AUSTRALIA HELD AT PERTH APP. NO. OF 200 IN THE MATTER of Part 7 of the Criminal Injuries Compensation Act and- IN THE MATTER of an application by: NOTICE OF ENTRY FOR HEARING OF APPEAL Filed on behalf of: THE APPELLANT Date of filing: Prepared by: Address: Telephone: The estimated duration of the hearing of this Appeal is hours.

6 CRIMINAL INJURIES ASSESSOR Level 2, May Holman Centre 32 St Georges Tce STATE SOLICITORS OFFICE Level 14, Hartley Poynton Centre 141 St Georges Tce