The Federation Press

Appellate Practice

Overview

Appellate Practice is a legal practitioners’ guide to preparing for and conducting court appeals in Australia. Experienced contributors, drawn from a broad range of jurisdictions, provide thorough guidance on practical matters to assist practitioners:

  • understand the objectives and requirements of Court Rules
  • prepare better documentation
  • write better submissions
  • be more capable when addressing the appellate bench

The book will aid practitioners in developing their skills and understanding of the appellate process. It is ideal for barristers, students at bar reader courses and litigation solicitors. It will also benefit newly appointed judges whose background does not include appellate work.

Reviews

Blank and Selby’s work provides a wealth of useful information and guidance in the conduct of appeals in various courts.... As a general introductory text on appellate practice, it is of immense practical benefit. - Bill Swannie, Law Institute Journal of Victoria, November 2008

...[the authors have]assembled an impressive list of contributors who have written chapters on all aspects of the appellate process. The book is structured in a logical sequence so that it provides a comprehensive and practical guide for all lawyers, regardless of their experience... It is certainly a book that will assist all legal practitioners to enhance the quality of their appeals. I suspect that judges will also be glad to be able to refer to it from time to time. - Dorothy Shea, Supreme Court of Tasmania, Australian Law Librarian, Vol 16 No 4, 2008

... an excellent and comprehensive compilation of essays written by well chosen contributors. The result is ... a book that is unique in the range of topics it addresses and a ‘timely and welcome addition’ to the resources of any lawyer venturing into appellate advocacy. - Duncan Kerr SC MP, Law Letter (Law Society of Tasmania), May 2008

A Book Worth Reading From time to time a book is published that seems to fit a niche that hitherto, may not have been so readily apparent. One such book is Appellate Practice by Graeme Blank and Hugh Selby. The book is comprised of a series of essays by a variety of authors. However, the essays do not appear in total isolation one from the other. They are thoughtfully organised so that the subject matter of the book unfolds in an acceptable and orderly fashion... The challenge in providing some brief comments on this publication is determining where to start! The contributions are excellent; some are semi-conversational in style, and all are plainly written, practically useful, and most instructive. This book is, as they say, “a good read”. The reader is left with the sense of satisfaction that is derived when you have just read something that is very useful and well beyond the pedestrian. The text is replete with such a rich variety of insights, suggestions, authoritative commentary and guidance, that one wonders why a publication such as this has never, apparently, emerged before...I think it is best to simply urge you to get hold of this publication and read it. I agree with Gleeson CJ that this text will be very useful for practitioners. It should be of great interest also, to lawyers and others who are tribunal members, whether engaged in appellate work or not. - COAT, Council of Australasian Tribunals, NSW, Gary Byron, Deputy President, Workers Compensation Commission, April 2008

This book, which includes the contributions of a number of experienced authors on matters of importance to the appeal process, has a strong practical flavour. So far as I am aware, in the past there has not been a practice book that covered the range of topics it addresses, and I expect that practitioners will find it a timely and welcome addition to their resource materials. - From the Foreword, by The Honourable Chief Justice Murray Gleeson AC, High Court of Australia

Table of Contents

Foreword
The Honourable Chief Justice Murray Gleeson AC, High Court of Australia

Introduction
Graeme Blank and Hugh Selby

What is an appeal?
Graeme Blank and Hugh Selby

Frequent Issues
Graeme Blank and Hugh Selby

Notices and Grounds of Appeal
Judge Sydney Tilmouth QC, District Court of South Australia

Orders on Appeal
Judge Brian Donovan QC, NSW District Court

Appeal Papers
Jennifer Hedge, Deputy Registrar, Federal Court of Australia

Intervention
Michael Sexton SC, Solicitor-General for NSW

Further Evidence on Appeal
Ian Freckelton SC

Written Submissions
Justice M A McMurdo, President, Queensland Court of Appeal

Oral advocacy
Justice J S Douglas, Queensland Supreme Court

Making a Special Leave Application in the High Court
Tim Game SC

Costs
Gino Dal Pont

Appellate Reasons
Justice Michael Kirby, High Court of Australia

Of interest...