Appealing a commissioner's decision

A party to proceedings in Classes 1, 2, 3 or 8 of the Court’s jurisdiction may appeal against an order or decision of a Commissioner of the Court on a question of law (s 56A(1) of the Land and Environment Court Act 1979).

The appeal is made to the Land and Environment Court and is heard and determined by a Judge.

Practice and procedure

The practice and procedure for appeals against decisions of commissioners is stated in Pt 50 of the Uniform Civil Procedure Rules and s 56A of the Land and Environment Court Act.

Process

Who can make the appeal?

Only a person who is a party to the proceedings may appeal.

When must the appeal be made?

The appeal is to be commenced within 28 days after the date on which the decision or order was given or such further time as the Court allows (rule 50.3 of the Uniform Civil Procedure Rules 2005).