Appeals FROM SAT Decisions Steps PDF

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Appeals from SAT decisions WA...

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APPEALS FROM SAT DECISIONS STEPS: 1. Does the matter fall within the SAT original or review jurisdiction? 2. S 105(1) SAT Act 2004 – a party may appeal from a decision of the tribunal but only with leave. 3. S 105(2) – the appeal can only be brought on a question of law. i. However, if the tribunal’s decision is made under a relevant Act and the decision has to effect of depriving a person of their capacity to lawfully pursue a vocation, then an appeal may be brought on questions of law, a question of fact or a mix – s 105(13). ii. A ‘relevant’ act is those listed in schedule 1- s 105(14) 4. S 105(3) – if the original decision made by a judicial member or a tribunal who included a judicial member, then the appeal is to be heard by the COA. Otherwise, it is to be heard by the SC. 5. S 105(5) - Application for leave has to be made within 28 days of the day on which the Tribunals decision was given. 6. S 105(7) the court to which the appeal lies (COA or SC) may extend a time limit fixed by s 105. 7. Orders the court dealing with the appeal can make – s 105(9). IF IT GOES TO SC (POINT 4) 1. O 65 r 10(5) RSC – application for leave must be in accordance with Form 83 filed and served on the respondent. 2. 0 65 r 10(7) – appellant must then file a Form 84 – service certificate. 3. 0 65 r 4(2) – judge has the jurisdiction to make the following orders. 4. 0 65 r 8 – an appeal will be by way of rehearing, unless written law provides otherwise. 5. 0 65 r 9 – after leave has been granted, an appeal must be commenced within 21 days of leave being acquired. To commence the appeal, the appellant must file a Form 83, setting out the grounds for the appeal in accordance with 0 65 r 10(2) as well as the rest of the doc’s listed in O 65 r 10(1)....