New South Wales Consolidated Acts

LEGAL PROFESSION ACT 2004 - SECT 729A

729A Appeals against orders and decisions of Tribunal

(1) An order or other decision made by the Tribunal under this Act may be appealed to the Supreme Court by a party to the proceedings in which the order or decision was made.

(2) Section 75A of the Supreme Court Act 1970 accordingly applies to an appeal under this section, and the appeal is to be:

(a) by way of rehearing, and

(b) not by way of a new hearing (a de novo hearing).

(3) Subsection (2) does not affect the provisions of section 75A of the Supreme Court Act 1970 relating to the receipt of evidence by the Supreme Court.

(4) Despite subsection (1), an appeal does not lie to the Supreme Court under this section 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.

(5) No appeals lie under Part 1 or 1A of Chapter 7 of the Administrative Decisions Tribunal Act 1997 to an Appeal Panel against an order or other decision of the Tribunal under this Act.

(6) Subsection (1) includes original decisions made by the Tribunal and decisions made by the Tribunal in the review of reviewable decisions, but does not include:

(a) decisions of the Tribunal under section 385 (2), or

(b) decisions of the Tribunal of a class prescribed by the regulations.