Appeals

ACT

See section 155. A party may appeal to the Supreme Court on a question of law or fact from a decision of the Magistrates Court. The appeal should be made within 28 days after the order was made (under Rule 5103 of the Court Procedure Rules 2006 (ACT)).

NSW

No mention in this Act. Sections 77-77C were repealed on 1 January 2014. This has removed the right under the Act to appeal from a decision of the NCAT to an Appeal Panel and then to the Supreme Court.

NT

See Part 12. An appeal against an order of the Business Tenancies Commissioner may be made to the Local Court as an appeal de novo.

The appeal must be lodged within 14 days of the date that the reasons for the order are given to the parties.

A copy of the notice is sent to the Commissioner, who is required to provide the court all information in his or her possession related to the order, except anything said or done during a prior conference under section 96.

QLD

See section 126 QCAT Act. A decision of the QCAT is binding on all parties to the proceeding and may be registered as a court order (QCAT Act sections 131-132).

Appeals from non-judicial QCAT member's decisions lie to the QCAT Appeals Tribunal, or to the Court of Appeal against a decision by a judicial QCAT member or on questions of law. Appeals lie to the Court of Appeal against decisions of the QCAT Appeals Tribunal on a question of law relating to a cost amount decision or a final decision with leave of the Court of Appeal (QCAT Act section 150). QCAT decisions may be reopened where certain grounds exist (QCAT sections 138-141).

QCAT may change a final tribunal decision to correct a clerical error, an error arising from an accidental slip or omission, a material miscalculation of figures, material error in the description of an entity, thing or matter referred to in the decision or a defect of form (QCAT Act section 135).

SA

No mention in the Act.

TAS

No mention in the Code.

VIC

See section 148 Victorian Civil and Administrative Tribunal Act 1998. A party may appeal on a question of law to the Court of Appeal or Trial Division of the Supreme Court if leave is given.

WA

No mention in the Act.

See section 105 of the State Administrative Tribunal Act 2004 (WA). A party may appeal from a decision of the WA SAT on a question of law and with leave of the court, to the Court of Appeal if the WA SAT included a judicial member, or to the Supreme Court.

Definitions and currency

Currency of information by jurisdiction Definitions

ACT information current as at 1 January 2023

NSW information current as at 1 January 2023

NT information current as at 1 January 2023

QLD information current as at 1 January 2023

SA information current as at 1 January 2023

Tas information current as at 1 January 2023

Vic information current as at 11 April 2023

WA information current as at 1 January 2023

"CMR" means current market rent.

"CMV" means current market value.

"DS" means disclosure statement.

"NCAT" means the NSW Civil and Administrative Tribunal.

"QCAT" means Queensland Civil and Administrative Tribunal.

"RSC" means retail shopping centre.

"RTC" means retail tenancy claim.

"RTD" means retail tenancy dispute.

"SAT" means State Administrative Tribunal.

"SBC" means Small Business Commissioner.

"SRV" means specialist retail valuer.

"VCAT" means Victorian Civil and Administrative Tribunal.

"WA SAT" means the State Administrative Tribunal of Western Australia.