- This Practice Note takes effect from 10 June 2019.
- The Court will revisit the test on appeal in every case.
- Written submissions in all cases should address the Court on why the test on appeal should be changed.
- When advocating for a type of appeal, counsel should bring to the attention of the Court any contrary authority so that the Court can overrule said authority.
- The Court will change the test on appeal for any particular type of appeal not less than once every eighteen (18) months.
- Any appeals brought on the grounds that a lower court misapplied a test on appeal are themselves to be treated as an appeal against a discretion if filed in an odd-numbered month and as a general appeal if filed in an even-numbered month.
- Clause 6 is subject to Clause 5.
- There is a rebuttable presumption that, in any instance where Parliament has described an appeal as an appeal against a discretion, this is to be treated as conferring a right of general appeal.
- Appeals from the Court Martial Appeals Authority will be treated as general appeals, except in instances where a general appeals in which case they are appeals against a discretion.
- Advantages held by the first-instance judge will be emphasised or diminished as the justice of the case requires.
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Strictly obiter 