Appealing a commissioner's decision

A party to proceedings in Classes 123 or 8 of the Court’s jurisdiction may appeal against an order or decision of a Commissioner of the Court on a question of law (s 56A(1) of the Land and Environment Court Act 1979).

The appeal is made to the Land and Environment Court and is heard and determined by a Judge.

Practice and procedure 

The practice and procedure for appeals against decisions of commissioners is stated in Pt 50 of the Uniform Civil Procedure Rules and s 56A of the Land and Environment Court Act.

Process

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Only a person who is a party to the proceedings may appeal.

The appeal is to be commenced within 28 days after the date on which the decision or order was given or such further time as the Court allows (rule 50.3 of the Uniform Civil Procedure Rules 2005).

Steps

Appealing a decision
Image: Appealing a decision
Last updated:

17 Dec 2020

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