When is the deadline for supreme court - appeal from an ntcat decision?
The catalogue records a 28 days period from The day the NTCAT decision being appealed from is made. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 28 days
- Trigger
- The day the NTCAT decision being appealed from is made
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
- Holiday, closure and order treatment must be independently documented before publication.
This route remains in preparation until a pinpoint official source is recorded.
- An extension of time may be sought under SCR rr 82.14(b) and 82.15(2). Leave is a substantive precondition under NTCAT Act s 141(2) and is determined under SCR rr 82.19-82.20.
- Section 141 confers the right of appeal but fixes NO period, so SCR r 82.04(2)(b) supplies the 28 days by force of r 82.04(2)(a) and Order 82 applies to the appeal generally (r 82.02(1)(a)). Because leave is always required, the operative filing is an application for leave under r 82.15(1), accompanied by the proposed notice of appeal, submissions and affidavit (r 82.16(1)). Filing an application for leave does not affect the operation of the decision appealed against (s 142(1)). As the period comes from the Supreme Court Rules, SCR r 3.01 and the r 3.04(1) Christmas vacation exclusion apply. Corrected on verification: the researcher's quotation of NTCAT Act s 141(1) elided the words "on a question of law", which are the operative limit on the right of appeal. Restored from the Northern Territory Civil and Administrative Tribunal Act 2014 (NT), official consolidation, legislation.nt.gov.au. The 28-day period supplied by SCR r 82.04(2)(b) is confirmed unaffected.