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Conditions for appeal

A party may appeal to the General Division of the High Court only against an order of a tribunal for one of the following cases:

  • On any ground involving a question of law.
  • On the ground that the claim was outside the jurisdiction of the Community Disputes Resolution Tribunals (CDRT).
  • On a final order.
  • Related to a special direction, compliance bond or exclusion order under the Community Disputes Resolution Act.
Note
If you missed a court session and an order was made in your absence, you can apply to set aside the order instead of filing an appeal.

Apply for leave to appeal

Before an appeal to the General Division of the High Court can be made, leave (permission) to appeal from the CDRT must be obtained by filing an application for leave to appeal.

Tip
All applications must be filed through the Community Justice and Tribunals System (CJTS). If you need access to computers, visit the Business Centre at the State Courts, Level 2 during operating hours.

Key facts

Refer to the following to find out about filing an application for leave to appeal.

If you are filing the application for leave to appeal, you are the appellant.

The other party is the respondent.

When to file

Within 14 days after the date on which the order was made.

When to serve

Within 7 days of the date of filing the application for leave to appeal.

Filing fee

$100

How to file

Through CJTS.

What you will need

You should prepare the following (where applicable) before you file:

  • Your claim number.
  • Your grounds (reasons) of appeal.
  • The details to support your grounds of appeal.
  • The number of the order you are appealing against.
  • A soft copy of supporting documents (if any) in PDF format.

How to file and serve

You will need to follow these steps:

Step

Result

1. File application for leave to appeal

Your application for leave to appeal is filed in CJTS.

2. Serve documents on the other party

The respondent is notified of your intention of appealing the CDRT order.

When: within 14 days after the date on which the order was made.

Log in to CJTS. Under the Online Applications tab, select Application for Leave to Appeal and follow the instructions to fill in the required information.

For detailed instructions, refer to the CJTS user guide for filing neighbour disputes (PDF, 2956 KB).

Print and serve a copy of the Application for Leave to Appeal together with your supporting documents (if any) to the respondent within 7 days after the date of filing the application for leave to appeal.

The parties will receive a Notice of Hearing with the date and time to attend a hearing at the CDRT via CJTS.

When: within 7 days of the date of filing the application for leave to appeal.

You may serve the documents on the respondent through one of the following ways:

Service method

What it is

Personal service

Delivering hard copies of the documents personally to the respondent.

Registered post

Sending hard copies of the documents in an envelope to the last known residential or registered address of the respondent.

CJTS

Submitting soft copies of the documents to the respondent through CJTS.

Others

Delivering the documents by any means as directed by the CDRT.

Note
If the respondent wishes to oppose your application, they can file and serve a Reply to the Application for Leave to Appeal via CJTS within 14 days after they are served with the Application for Leave to Appeal.

After you file

You and the respondent will have to attend court on the scheduled date and time mentioned in the Notice of Hearing. You must attend your appeal hearing. If you are absent, the court may dismiss your application for leave to appeal.

The court will decide whether to grant or dismiss your application for leave to appeal at the hearing. If the court decides to grant you leave to appeal, you must do the following:

  • File and serve a Notice of Appeal in the relevant form within 14 days after the date the leave was given.
  • Provide security for the respondent’s costs of the appeal in the sum of $2,000.

The outcome of your appeal depends on the decision the General Division of the High Court makes at a hearing scheduled at a later date.

Need help?

The information here is for general guidance as the courts do not provide legal advice. If you need further help, you may want to get independent legal advice.

Find out more

Resources

Refer to the Guide to Neighbour Dispute Claims (PDF, 4099 KB).
Refer to Paragraph 141 and 141A of the State Courts Practice Directions for community dispute resolution.
Go to Step-by-step guide

Step-by-step guide

2021/07/23

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