101Appeal in proceedings before the Court

#### 101 Appeal in proceedings before the Court 101 Appeal in proceedings before the Court > > (1) Subject to this and any other Act and subject to the rules, an appeal shall lie to the Court of Appeal from— > > > > > (a) any judgment or order of the Court in a Division, and > > > > > (b) without limiting the generality of paragraph (a)— > > > > > > > (i) any opinion, decision, direction or determination of the Court in a Division on a stated case, > > > > > > > (ii) any exercise of a power to which section 24 applies, and > > > > > > > (iii) any determination of the Court in a Division in proceedings remitted under subsection (4) of section 51. > > > (2) An appeal shall not lie to the Court of Appeal, except by leave of the Court of Appeal, from— > > > > > (a) an order in proceedings in the Court directing an amendment of a judgment or order correcting a clerical mistake in the judgment or order or an error arising from an accidental slip or omission, > > > > > (b) (Repealed) > > > > > (c) a judgment given or order made in proceedings in the Court with the consent of the parties or as to costs only which are in the discretion of the Court, > > > > > (d) (Repealed) > > > > > (e) an interlocutory judgment or order in proceedings in the Court, > > > > > (f) a judgment or order in proceedings in the Court on an interpleader issue decided in a summary way pursuant to the rules, > > > > > (g) (Repealed) > > > > > (h) an order of the Court in a Division on an appeal under Part 5 of the [Crimes (Appeal and Review) Act 2001](/view/html/inforce/current/act-2001-120), > > > > > (i) a judgment, order or determination in proceedings in the Court under the [Commercial Arbitration Act 2010](/view/html/inforce/current/act-2010-061), > > > > > (j), (k) (Repealed) > > > > > (l) a judgment or order of the Court in a Division on an application for summary judgment under the rules, > > > > > (m) a judgment or order of the Court on an application under section 74K, 74MA or 74O of the [Real Property Act 1900](/view/html/inforce/current/act-1900-025), > > > > > (n) a judgment or order of the Court in a Division for the winding up of a corporation, > > > > > (o) a judgment or order of the Court in a Division restraining or refusing to restrain the presentation or advertisement of an application for the winding up of a corporation, > > > > > (p) a judgment or order of the court on an application under section 459G of the [Corporations Law](/view/html/inforce/current/sl-1999-0703) or section 459G of the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth, > > > > > (q) a judgment or order in proceedings of the Court with respect to the taxation or assessment of costs, or > > > > > (r) a final judgment or order in proceedings of the Court, other than an appeal— > > > > > > > (i) that involves a matter at issue amounting to or of the value of $100,000 or more, or > > > > > > > (ii) that involves (directly or indirectly) any claim, demand or question to or respecting any property or civil right amounting to or of the value of $100,000 or more. > > > (3) Subsection (2) does not apply to a judgment given or order made on an application for a writ of habeas corpus ad subjiciendum or to an order for the committal or arrest of any person. > > > (3A) (Repealed) > > > (4) Where the Court in a Division exercises any power to which section 24 applies and exercise of the power is expressed by any provision of an Act or Imperial Act in force immediately before the commencement of this Act to be final or without appeal, an appeal shall lie to the Court of Appeal notwithstanding that provision, but only by leave of the Court of Appeal. > > > (5) An appeal lies to the Court of Appeal from any judgment or order of the Court in a Division in any proceedings that relate to contempt (whether civil or criminal) of the Court or of any other court. > > > (6) Subsection (5) does not confer on any person a right to appeal from a judgment or order of the Court in a Division in any proceedings that relate to criminal contempt, being a judgment or order by which the person charged with contempt is found not to have committed contempt. > > **s 101:** Subst 1972 No 41, sec 9 (a). Am 1984 No 153, Sch 16; 1984 No 166, Sch 1 (1) (am 1987 No 48, Sch 31); 1987 No 209, Sch 35 (3); 1987 No 250, Sch 1 (1); 1992 No 111, Sch 1; 1993 No 87, Sch 6; 1995 No 88, Sch 1.8 \[5\]–\[7\]; 1996 No 111, Sch 1.8 \[10\]; 1997 No 47, Sch 5 \[2\]; 1997 No 141, Sch 1.11 \[2\]; 1998 No 137, Sch 2.24 \[4\]; 2001 No 34, Sch 4.61; 2001 No 121, Sch 2.192 \[6\]; 2008 No 80, Sch 2.2 \[2\]; 2010 No 61, Sch 2.18; 2015 No 15, Sch 2.53; 2016 No 48, Sch 2.34 \[3\]; 2023 No 41, Sch 2.32\[2\].