General form (Form 81)

UCPR Part 50 governs appeals to a NSW court other than appeals assigned to the Court of Appeal and certain others excluded by r 50.1, such as appeals from a lower court or tribunal to the Supreme or District Court. A document filed with the court must be in the approved form where one exists (Civil Procedure Act 2005 s 17(3)). Form 81 (version 3) is the general form adapted for Part 50 appeals. It adds a "Proceedings in the court below" panel (the title, court and case number below) to the standard headings so the appeal court can link the document to the decision under appeal (the "court below" is defined in r 50.2).

When you need it

• You are a party to a Part 50 appeal and need to file a document for which no specific approved form exists, such as a short notice or list.
• You want the standard appeal headings, including the court below details, on that document.
• Do not use it for the summons commencing the appeal (Form 84), a notice of contention (Form 83) or a list of parties (Form 82), which have their own forms.

1. 1

   Rule and title

   Replace "50.[enter UCPR rule]" with the rule the document relies on and insert the document title in capitals before "(PART 50 APPEAL)".

2. 2

   Court details and title

   Enter the appeal court, division, list, registry and case number, and the parties to the appeal.

3. 3

   Proceedings in the court below

   Give the title of the proceedings below (for example "X Pty Limited v Y"), the court below and the case number below.

4. 4

   Filing, issuing or preparation details

   Choose the right option and name the party, with legal representative and contact details where applicable.

5. 5

   Body and signature

   Set out the content in numbered paragraphs. Signed by the legal representative or the party, with capacity and date.

• File the document in the registry of the appeal court (through the NSW Online Registry where available, or at the registry) and serve it on the other parties to the appeal where the relevant rule requires.
• Watch the Part 50 time limits, for example 28 days after the material date to commence an appeal (r 50.3) and 28 days after service to file a cross-appeal (r 50.10).
• A filing fee may apply. Check the current fee schedule of the appeal court.

• Part 50 does not apply to appeals to the Court of Appeal, which follow Part 51 (r 50.1(a)).
• Copy the court below details exactly from the decision under appeal.
• Remove the instructional bracketed text and unused "#" options before filing.