Appealing a Commissioner's decision - At the first directions hearing

Venue, date and time

The first directions hearing will usually be held 5 weeks after the date the summons commencing the appeal was filed.  It will be conducted before the registrar of the Court, in a court in the Court’s building at 225 Macquarie Street, Sydney. The location of the Court and the precise time of the day when the directions hearing will occur will be shown on the Court Lists posted on a notice board in the foyer of the building and on the Court’s website under Court Lists in the afternoon of the day before the directions hearing.  The Sydney Morning Herald may also (but does not always) publish the Court Lists on the morning of the date set for the directions hearing.

Directions for preparation of appeal papers 

At the first directions hearing, the registrar will usually make the following directions.

• The registrar will usually direct that the applicant prepare, file with the Court and serve on each respondent, by a specified time before the date fixed for the hearing, an affidavit to be relied on at the appeal that annexes or exhibits:

• • a copy of the reasons for the decision of the commissioner

  • a copy of the transcript of the proceedings before the commissioner (if the transcript is relevant to the question of law raised by the grounds of appeal)

  • a copy of any exhibit, affidavit or other document from the proceedings before the commissioner that the applicant wishes to be considered at the hearing of the appeal or proposed appeal (see Pt 50 r 50.14 (1) of the Uniform Civil Procedure Rules).

• The registrar will usually direct that the respondent prepare, file with the Court and serve on the applicant, by a specified time before the date fixed for the hearing, an affidavit to be relied on at the appeal or cross-appeal that annexes or exhibits a copy of any exhibit, affidavit or other document from the proceedings that the respondent wishes to be considered at the hearing of the appeal or cross-appeal in addition to any exhibit, affidavit or other document to be relied on by the applicant (see Pt 50 r 50.14 (2) of the Uniform Civil Procedure Rules).

• The registrar will usually direct the applicant and respondent file with the Court and serve on each other a written outline of submissions by specified times before the date fixed for the hearing.

The registrar will usually direct the applicant and respondent file with the Court and serve on each other a written outline of submissions by specified times before the date fixed for the hearing.

Making and recording directions

The registrar will make directions, including fixing the appeal for a final hearing and making directions for the filing and serving of the appeal papers and written submissions.  These directions will be stated orally.  The parties should record the directions made, including importantly the date, time and venue of the final hearing.  A written copy of the directions made is not usually sent to the parties.