New South Wales Consolidated Acts

BUILDING PROFESSIONALS ACT 2005 - SECT 44C

44C Right to appeal to Supreme Court

(1) A party to any proceedings in which the Tribunal has made an accreditation decision may appeal to the Supreme Court against the decision of the Tribunal.

(2) An appeal under this Part to the Supreme Court:

(a) may be made on any question of law, and

(b) with the leave of the Supreme Court, may extend to a review of the merits of the decision concerned.

(3) Despite subsections (1) and (2), an appeal does not lie to the Supreme Court under this Part against any of the following decisions of the Tribunal except by leave of the Supreme Court:

(a) an interlocutory decision,

(b) a decision made with the consent of the parties,

(c) a decision as to costs.

(4) The Tribunal (or any of the members constituting the Tribunal) cannot be made a party to an appeal under this Part. Rules of court made under the Supreme Court Act 1970 may make provision for the parties to any such appeal (including the designation of a respondent where the only party in the proceedings from which the appeal is brought was the appellant).

(5) An appeal to the Supreme Court under this Part must be made:

(a) within such time and in such manner as is prescribed by rules of court made under the Supreme Court Act 1970 , or

(b) within such further time as the Supreme Court may allow.