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Clause 298 How interlocutory appeal is commenced

(1)An interlocutory appeal under section 295 is commenced by filing a notice of application for leave to appeal in accordance with the rules of court—

(a)subject to paragraph (b), if the trial has not commenced when the interlocutory decision is made, within 10 days after the day on which the interlocutory decision is made or any extension of that period granted under section 313; or

(b)if the trial commences within 10 days after the day on which the interlocutory decision is made, within 2 days after the day on which the trial commences or any extension of that period granted under section 313; or

(c)if the trial has commenced when the interlocutory decision is made, within 2 days after the day on which the interlocutory decision is made or any extension of that period granted under section 313.

(2)A copy of the notice of application for leave to appeal must be served on the respondent in accordance with section 340 or 342, as the case requires—

(a)subject to paragraph (b), if the trial has not commenced when the interlocutory decision is made, within 2 days after the day on which the notice of application is filed; or

(b)if the trial commences within 10 days after the day on which the interlocutory decision is made, within the period referred to in subsection (1)(b); or

(c)if the trial has commenced when the interlocutory decision is made, within the period referred to in subsection (1)(c).