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Appeal to the Supreme Court of NSW

Information about how to appeal a NSW Civil and Administrative Tribunal (NCAT) decision to the Supreme Court of NSW on an error of law.

When you can appeal

If you are unhappy with the decision of the Appeal Panel, you may be able ask for leave to appeal to the Supreme Court within 28 days. 

You can only appeal on a question of law. 

The Supreme Court can’t review the merits of the NCAT decision. That is, whether the right decision was made in the circumstances.  

How to appeal

You must complete:

  • Form 104 – Summons Seeking Leave to Appeal
  • Form 105 – Notice of Appeal.

You can get a blank copy of this form from:

You also need to prepare a White Folder that contains:

  • a copy of your completed Form 104 – Summons Seeking Leave to Appeal
  • a draft Form 105 – Notice of Appeal (you should write the word “DRAFT” on your form so that it reads “DRAFT Notice of Appeal”)
  • a Summary of Argument
  • a copy of NCATs orders
  • any other documents that the Court needs to consider when deciding whether to grant you leave.

Your Summary of Argument should be no more than 10 pages and state:

  • the nature of your case
  • the questions involved in your case
  • your arguments
  • the reasons why you should be granted leave
  • the reasons why a costs order should not be made against you if your application is refused
  • whether you agree to your application for leave being dealt with on the papers
  • whether your application for leave should be dealt with at the same time as your appeal
  • a list of relevant the cases and legislation.

You need to file at least four copies of your completed forms and White Folder.

Check the Uniform Civil Procedure Rules 2005 before using a generative artificial intelligence (AI) program such as ChatGPT to prepare documents for the Local, District or Supreme Court of NSW. These Rules permit AI use in some documents, such as submissions or reports, but you must include a statement that all citations, legal authorities and case law referred to exist and are accurate and relevant to the proceedings. The District Court and the Supreme Court also have Practice Notes which permit AI use for some types of documents, such as chronologies and indexes.

Under the Rules, you must not use AI in your affidavit or witness statement, and these documents must include a statement that AI was not used to generate the content. You must not put any confidential information about your matter into an AI program.  If you are unsure or feel the Court should let you use AI due to exceptional circumstances, get legal advice.

You can do this in person or by post. 

You will have to pay a filing fee. If you can’t afford to pay the filing fee, you may be able to apply to have the fee waived, reduced, or postponed. 

For more information, see Fees on the Supreme Court of NSW website.

Asking for an extension

If you file your appeal after 28 days, you must ask the Court for an extension of time.

To do this, you must ask for an order in your Form 105 – Notice of Appeal “That time for filing an appeal be extended”.

Stay order

Appealing won’t does not stay (stop) the operation of the original decision. The decision can still be enforced unless a stay order is made.

You can ask for a stay order by completing:

  • a Form 20 - Notice of Motion, and
  • a Form 40 - Affidavit.

Serving your documents

You must serve the Commissioner with a copy of your sealed forms and White Folder within 28 days.

You must also file a sealed copy of your forms and White Folder with NCAT.

The hearing

Generally, your appeal will be a re-hearing of the evidence that you produced at the Appeal Panel hearing. The Court will only admit new evidence in exceptional circumstances where there are special grounds for doing so.

The decision

After hearing your appeal, the Court may:

  • dismiss your appeal
  • affirm, vary or set aside NCAT’s decision
  • remit your case back to NCAT to be heard again in accordance with the directions of the court.

If the Court dismisses your appeal, any stay order that was made will be lifted and the decision of the Appeal Panel of NCAT will stand. The decision may be enforced if you don’t comply.

If your appeal is dismissed, it is very likely that you will be ordered to pay the other party’s legal costs. 

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