If you are unhappy with the decision of the Appeal Panel, you may be able ask for leave to appeal to the Supreme Court within 28 days.
You can only appeal on a question of law.
The Supreme Court can’t review the merits of the NCAT decision. That is, whether the right decision was made in the circumstances.
You must complete:
You can get a blank copy of this form from:
You also need to prepare a White Folder that contains:
Your Summary of Argument should be no more than 10 pages and state:
You need to file at least four copies of your completed forms and White Folder.
You can do this in person or by post.
You will have to pay a filing fee. If you can’t afford to pay the filing fee, you may be able to apply to have the fee waived, reduced, or postponed.
For more information, see Fees on the Supreme Court of NSW website.
If you file your appeal after 28 days, you must ask the Court for an extension of time.
To do this, you must ask for an order in your Form 105 – Notice of Appeal “That time for filing an appeal be extended”.
Appealing won’t does not stay (stop) the operation of the original decision. The decision can still be enforced unless a stay order is made.
You can ask for a stay order by completing:
You must serve the Commissioner with a copy of your sealed forms and White Folder within 28 days.
You must also file a sealed copy of your forms and White Folder with NCAT.
Generally, your appeal will be a re-hearing of the evidence that you produced at the Appeal Panel hearing. The Court will only admit new evidence in exceptional circumstances where there are special grounds for doing so.
After hearing your appeal, the Court may:
If the Court dismisses your appeal, any stay order that was made will be lifted and the decision of the Appeal Panel of NCAT will stand. The decision may be enforced if you don’t comply.
If your appeal is dismissed, it is very likely that you will be ordered to pay the other party’s legal costs.
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