NSW Civil and Administrative Tribunal (NCAT)

Appeals

In certain circumstances parties can appeal a decision to the NCAT Internal Appeal Panel.

Section 32 of the Civil and Administrative Tribunal Act 2013 gives parties the right to an internal appeal from:

  • any decision made by the Tribunal in proceedings for a general decision or an administrative review decision
  • any decision made by a registrar of a kind that is internally appealable.

In some instances, a decision may be set aside or varied as an alternative to appeal.

Parties who wish to appeal to the NCAT Internal Appeal Panel can use the Notice of Appeal form. 

A party who has been served with a Notice of Appeal should complete the Reply to Appeal form.

​Form​PDF​Word
​Notice of Appeal160kB163kB
​Reply to Appeal​91kB​70kB
​Stay of original decision pending appeal62kB64kB

 
Before proceeding with an appeal, or asking for leave to appeal, read NCAT Guideline 1 - Internal Appeals [PDF, 218kB].

Internal appeals can be made on a question of law.  An appeal can only be made about the merits of a decision if the Appeal Panel gives permission.  The legal term for this permission is granting leave.

Appealing a decision can be a costly process and you may need legal representation.  Seek independent legal advice before taking this course of action. 

Decisions that are n​​ot appealable

Not all NCAT decisions can be appealed to the NCAT Internal Appeal Panel.  NCAT's internal appeal jurisdiction does not extend to:

  • a decision of an Appeal Panel

  • a decision of the Tribunal in an external appeal

  • a decision of the Tribunal in proceedings for the exercise of its enforcement jurisdiction, or

  • a decision of the Tribunal in proceedings for the imposition of a civil penalty in exercise of its general jurisdiction.

There are some Divisional decisions that are not subject to an internal appeal but may be appealed to the Supreme Court or Court of Appeal.  

Refer to the NCAT Guideline 1 - Internal Appeals [PDF, 218kB] for further information.  

 

​Quick Links

Notice of Appeal [PDF 411kB]

Reply to Appeal [PDF 387kB]

Stay of original decision pending appeal [PDF 62kB]

NCAT Guideline 1 - Internal Appeals [PDF 218kB]

Appeal Panel Decisions Digest

Appeal Panel decisions on NSW Caselaw website

 

NCAT Appeal​​​​ Panel Decisions Digest

Subscribe for monthly keyword summaries of NCAT Appeal decisions​


Appeal Panel hearing lists​​

View the Sydney online hearing list for matters listed for hearing before the NCAT Appeal Panel. Appeal Panel matters can be identified by the 'AP' prefix.


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