Nyoni v Shire of Kellerberrin (No 8) [2016] FCA 245

Nyoni v Shire of Kellerberrin (No 8) [2016] FCA 245

The appellant is granted leave to file and rely on an amended notice of appeal in the form provided with the reasons, but may not rely on any other form without further court leave; parts of the proposed notice containing new grounds outside leave or scandalous/irrelevant/argumentative material are struck out to ensure the appeal process is properly managed, and procedural directions are made to facilitate preparation and hearing of the appeal.

Jurisdiction
Australia
Judgment Date
16 March 2016
Procedural Posture
Appeal / Case Management (directions for Amended Notice of Appeal and Hearing Preparation)
Outcome
Leave granted for filing amended notice of appeal (in specified form); procedural orders made for conduct of the appeal.
Legal Topics
['amended Notice of Appeal' 'procedure for Self Represented Litigants' 'directions for Filing Documents' 'security for Costs']
['practice and Procedure' 'administrative Law' 'human Rights'] ['amended Notice of Appeal' 'procedure for Self Represented Litigants' 'directions for Filing Documents' 'security for Costs']

Case Brief

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Procedural Posture

Appeal / Case Management (directions for Amended Notice of Appeal and Hearing Preparation)

Legal Issues

  1. 1 ['Whether the amended notice of appeal complies with court directions and is in acceptable form' 'Whether new grounds outside leave should be permitted' 'What directions are appropriate for management of the appeal of a self-represented litigant']

Ratio Decidendi

The appellant is granted leave to file and rely on an amended notice of appeal in the form provided with the reasons, but may not rely on any other form without further court leave; parts of the proposed notice containing new grounds outside leave or scandalous/irrelevant/argumentative material are struck out to ensure the appeal process is properly managed, and procedural directions are made to facilitate preparation and hearing of the appeal.

Court Disposition

Leave granted for filing amended notice of appeal (in specified form); procedural orders made for conduct of the appeal.

Orders

  • ['The appellant has leave to file, and to rely upon, an amended notice of appeal in the form provided to the parties with these reasons for judgment.' 'The appellant is not permitted to rely upon any other form of a notice of appeal without further leave of the Court.' 'The appellant is to confer in person with...