Home > Courts > Court of Appeal > How do I prepare a written outline of argument?

How do I prepare a written outline of argument?

Court of appeal - civil and criminal

You must prepare a written outline of argument before the hearing of an application for leave to appeal in a civil or criminal matter. The outline must be lodged within the time set by the court and served on the other party.

It is a written statement of the issues and arguments supporting your case that you believe will convince the Court of Appeal.

The written outline of argument should be concise and preferably no more than ten pages in length.

Common questions

Civil cases

Do I need to lodge and serve an outline of argument?

Appeals

The appellant’s outline of argument must be lodged within 21 days (unless varied by the court) of the filing of the notice of appeal or application for leave to appeal.

The respondent’s written outline of argument must be lodged within 21 days (unless varied by the court) from when the appellant’s outline is received.

Each party may lodge a reply. This is optional. The appellant must lodge any reply within seven days of being served with the respondent’s written outline of argument. The respondent must lodge any reply within seven days of being served with the appellant’s reply.

Applications

The applicant must lodge a written outline of argument with the registry at least 28 days (unless varied by the court) before the hearing, but after the application has been filed and served. A copy must be served on the respondent.

The respondent must lodge their written outline of argument with the registry at least 14 days (unless varied by the court) before the hearing and serve a copy on the applicant.

Each party may lodge a reply. This is optional. The applicant must lodge any reply within seven days of being served with the respondent’s written outline of argument. The respondent must lodge any reply within seven days of being served with the applicant’s reply.

Can the time frame be changed?

The senior deputy registrar (appeals), or another person authorised by the President or a judge of appeal, may amend the time frame for lodging a written outline of argument.

What do I put in my outline?

It should briefly explain what the appeal or application is about. If they are relevant to the points taken on appeal, the outline should summarise the judge’s reasons in the primary court or tribunal.

Oral argument at the hearing is generally restricted to the issues raised in the outline of argument. The information contained in the outline of argument must only contain what is relevant to the appeal.

The outline should contain precise references to the evidence relied on in connection with any disputed factual conclusion. When referring to filed material, page references must be provided.

If a party has filed and served an indexed paginated bundle of documents, the page references in the outline of argument must correspond with the page references in the paginated bundle.

The respondent should make it clear which points of their opponent’s outline they accept or reject.

Five copies of the written outline of argument must be lodged in the court registry by each party.

What if I lodge an outline after the deadline?

If you lodge a written outline of argument outside the designated time period you must provide the Court of Appeal registry with a written explanation of why you missed the deadline.

You can include the written explanation in either the written outline of argument or a separate document.

The written explanation must include details of when the legal representative (if any) was instructed in the appeal or application, and the particular reason why the material is being filed after the due date.

If the written explanation is not included with your outline of argument, then you must file five copies of the written explanation in the court registry. A copy must also be served on all parties.

A late written outline of argument may not be accepted for filing in the court registry without a written explanation.

Criminal cases

What is a written outline of argument?

Your written outline of argument should:

focus on the grounds of appeal in the notice of appeal or application for leave
contain a concise logical statement on the relevant factual conclusions
set out why the Court of Appeal should form the factual conclusions sought
include precise references to the evidence relied on in connection with each disputed factual conclusion
be a concise legal summary of submissions.

Oral argument will ordinarily be restricted to issues raised by the grounds of appeal and the outline.

The respondent should not repeat accurate information already contained in their opponent’s outline and should indicate which parts are accepted or rejected.

What is the deadline for a written outline of argument?

For a conviction appeal, the appellant must lodge and serve a written outline of argument at least 21 days before the hearing.

The respondent must lodge and serve their written outline of argument no less than seven days before the hearing.

For an extension of time application or an application for leave to appeal against sentence, the applicant must lodge and serve a written outline of argument at least 14 days before the hearing.

The respondent must lodge and serve their written outline of argument no less than seven days before the hearing.

When should I file and serve the written outline of argument for an application under District Court of Queensland Act 1967, section 118?

In section 118 applications, the applicant’s outline of argument must be filed and served by the applicant at least 14 days before the hearing date.

The respondent’s outline of argument must be filed and served at least seven days before the hearing.

Last updated Wednesday, 19 December 2007 13:05