(1) Subject to this and any other Act and subject to the rules, an appeal
shall lie to the Court of Appeal from--
(a) any judgment or order of the Court
in a Division, and
(b) without limiting the generality of paragraph (a)--
(i)
any opinion, decision, direction or determination of the Court in a Division
on a stated case,
(ii) any exercise of a power to which section 24 applies,
and
(iii) any determination of the Court in a Division in proceedings
remitted under subsection (4) of section 51.
(2) An appeal shall not lie to
the Court of Appeal, except by leave of the Court of Appeal, from--
(a) an
order in proceedings in the Court directing an amendment of a judgment or
order correcting a clerical mistake in the judgment or order or an error
arising from an accidental slip or omission,
(c) a judgment given or order
made in proceedings in the Court with the consent of the parties or as to
costs only which are in the discretion of the Court,
(e) an interlocutory
judgment or order in proceedings in the Court,
(f) a judgment or order in
proceedings in the Court on an interpleader issue decided in a summary way
pursuant to the rules,
(n) a judgment or order of the Court in
a Division for the winding up of a corporation,
(o) a judgment or order of
the Court in a Division restraining or refusing to restrain the presentation
or advertisement of an application for the winding up of a corporation,
(p) a
judgment or order of the court on an application under section 459G of the
Corporations Law or section 459G of the Corporations Act 2001 of the
Commonwealth,
(q) a judgment or order in proceedings of the Court with
respect to the taxation or assessment of costs, or
(r) a final judgment or
order in proceedings of the Court, other than an appeal--
(i) that involves a
matter at issue amounting to or of the value of $100,000 or more, or
(ii)
that involves (directly or indirectly) any claim, demand or question to or
respecting any property or civil right amounting to or of the value of
$100,000 or more.
(3) Subsection (2) does not apply to a judgment given or
order made on an application for a writ of habeas corpus ad subjiciendum or to
an order for the committal or arrest of any person.
(3A) In relation to
industrial proceedings within the meaning of Chapter 6A of the
Industrial Relations Act 1996 (except criminal proceedings), each of the
following persons is entitled to appeal to the Court of Appeal as provided by
this section against a judgment, order, opinion, direction, determination or
other decision in the proceedings of the Court in a Division--
(a) a party to
the proceedings,
(b) an industrial organisation within the meaning of the
Industrial Relations Act 1996, or an association registered under Chapter 6
of that Act, affected by the decision,
(c) the Minister administering the
Industrial Relations Act 1996 if the Minister considers that the public
interest is, or is likely to be, affected by the decision,
(d) the President
of the Anti-Discrimination Board if that President considers that the decision
is inconsistent with the principles contained in the Anti-Discrimination Act
1977 .
(4) Where the Court in a Division exercises any power to which
section 24 applies and exercise of the power is expressed by any provision of
an Act or Imperial Act in force immediately before the commencement of this
Act to be final or without appeal, an appeal shall lie to the Court of Appeal
notwithstanding that provision, but only by leave of the Court of Appeal.
(5)
An appeal lies to the Court of Appeal from any judgment or order of the Court
in a Division in any proceedings that relate to contempt (whether civil or
criminal) of the Court or of any other court.
(6) Subsection (5) does not
confer on any person a right to appeal from a judgment or order of the Court
in a Division in any proceedings that relate to criminal contempt, being a
judgment or order by which the person charged with contempt is found not to
have committed contempt.