sec.149Party may appeal—decisions of tribunal

sec.149 Party may appeal—decisions of tribunal

A party to a proceeding (other than an appeal under division 1 ) may appeal to the Court of Appeal against a cost-amount decision of the tribunal in the proceeding, whether or not a judicial member constituted the tribunal in the proceeding. A party to a proceeding (other than an appeal under division 1 ) may appeal to the Court of Appeal against another decision of the tribunal in the proceeding if a judicial member constituted the tribunal in the proceeding. However— an appeal under subsection (1) may be made only on a question of law and only if the party has obtained the court’s leave to appeal; and an appeal under subsection (2) on a question of fact, or a question of mixed law and fact, may be made only if the party has obtained the court’s leave to appeal. Also, a party to a proceeding can not appeal to the Court of Appeal against a decision of the tribunal under section 35 . An enabling Act may provide for appeals to the Court of Appeal against decisions of the tribunal in different circumstances. See, for example, the Legal Profession Act 2007 , section 468 . (sec.149-ssec.1) A party to a proceeding (other than an appeal under division 1 ) may appeal to the Court of Appeal against a cost-amount decision of the tribunal in the proceeding, whether or not a judicial member constituted the tribunal in the proceeding. (sec.149-ssec.2) A party to a proceeding (other than an appeal under division 1 ) may appeal to the Court of Appeal against another decision of the tribunal in the proceeding if a judicial member constituted the tribunal in the proceeding. (sec.149-ssec.3) However— an appeal under subsection (1) may be made only on a question of law and only if the party has obtained the court’s leave to appeal; and an appeal under subsection (2) on a question of fact, or a question of mixed law and fact, may be made only if the party has obtained the court’s leave to appeal. (sec.149-ssec.4) Also, a party to a proceeding can not appeal to the Court of Appeal against a decision of the tribunal under section 35 . An enabling Act may provide for appeals to the Court of Appeal against decisions of the tribunal in different circumstances. See, for example, the Legal Profession Act 2007 , section 468 .

• (a) an appeal under subsection (1) may be made only on a question of law and only if the party has obtained the court’s leave to appeal; and
• (b) an appeal under subsection (2) on a question of fact, or a question of mixed law and fact, may be made only if the party has obtained the court’s leave to appeal.