Criminal appeals - At the first directions hearing

Venue, date and time

The summons commencing the appeal or summons applying for leave to appeal will be returnable before the court at the first directions hearing.  It will usually be held on a Friday about six weeks after the summons was filed with the Court.  The first directions hearing will be conducted by the List Judge, in a court in the Court’s building at 225 Macquarie Street, Sydney. The location of the Court and the precise time of the day when the directions hearing will occur will be shown on the Court Lists posted on a notice board in the foyer of the building and on the Court’s website under Court Lists in the afternoon of the day before the directions hearing.  The Sydney Morning Herald may also (but does not always) publish the Court Lists on the morning of the date set for the directions hearing.

Making and recording directions 

The List Judge will make directions to prepare the appeal or application for leave to appeal for final hearing, including:

• directing the applicant to prepare, file with the Court and serve on the respondent, by a specified date before the date fixed for the hearing, an appeal book, in a folder with dividers, comprising:
  • a copy of the orders or conviction made by the Local Court
  • a copy of the reasons for the decision of the Local Court
  • a copy of the transcript of the hearing of the original Local Court proceedings
  • a copy of the originating process commencing the proceedings in the Local Court, such as the Court Attendance Notice
  • a copy of the evidence given in the original Local Court proceedings, including any exhibit, statement of evidence, affidavit, or other document tendered or relied on in the Local Court proceedings

• if the applicant or the respondent intends to apply for leave to give fresh evidence not given in the original Local Court proceedings, directing the party so intending to prepare, file with the Court and serve on the other party, by a specified date before the date fixed for hearing, a copy of the fresh evidence in respect of which leave will be sought;
• directing the applicant and the respondent to prepare, file with the Court and serve on the other party, by specified dates before the date fixed for hearing, a written outline of submissions
• fixing the date for the final hearing.

The List Judge will make directions orally. It is important that the parties record the directions the List Judge makes. A written copy of the directions is not usually sent to the parties.