The point

Posted on Sep 28, 2017 | 0 comments


There is a requirement that a notice of appeal must identify the grounds briefly but specifically. Draftspersons[deliberate attempt at gender neutral political correctness] would do well to keep the following observations in mind:

“It is inherently unlikely that any personal-injuries action would give rise to 14 issues or that any intermediate appellate court in this country would make so many errors. Australian, as well as United States, counsel would be well advised to heed Judge Aldisert’s statement [referring to  Aldisert, Opinion Writing, (1990) at 8] that when he sees ‘an appellant’s brief containing seven to ten points or more, a presumption arises that there is no merit to any of them'”(per McHugh J in Tame v State of New South Wales (2002) 211 CLR 317 at [70]);

or the even worse version…

“Where an Equity Division judge experienced in the field to which the litigation relates delivers a long, detailed and careful judgment which attracts so much hostile fire from so many quarters, it may be inferred that it is probably correct in every respect” (per Heydon JA in Cadwallader v Bajco Pty Ltd & Ors  [2002] NSWCA 328 at [27]).

 Creative commons acknowledgment for the photograph.
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