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Appeals

Guardianship Division

A party to proceedings in the Guardianship Division may appeal any decision to the Supreme Court or the Appeal Panel of NCAT. An appeal cannot be made to both the Court and the Appeal Panel.

An appeal may be made on:

  • A question of law or
  • Any other grounds - if the Appeal Panel or the Court grants leave for the appeal to be made on those grounds.

If the appeal is against an interlocutory decision, then it can only be made with the leave of the Appeal Panel or the Court.

Some examples of an interlocutory decision are:

  • Decision about joining a party to proceedings
  • Decision about granting leave for legal representation
  • Decision about the adjournment of proceedings

When must the appeal be lodged?

An appeal to the Appeal Panel must be lodged ​​within 28 days after the person lodging the appeal has been notified of the  Guardianship Division’s decision or 28 days after the person has been provided with the statement of written reasons for the decision (whichever is later).

The Appeal Panel may allow further time to appeal.

An appeal to the Supreme Court must be lodged:

  • Within 28 days after the Guardianship Division provides the person who is appealing with the statement of written reasons for the decision; or
  • For appeals against interlocutory or ancillary decisions -within 28 days of being notified of the decision 

The Supreme Court may allow further time to appeal.

For more information about appeals to the Appeal Panel please see the Appeals page​.