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NSW Supreme Court Appeals

A Summons seeking leave to appeal and a Notice of Appeal must be filed within 28 days after the “material date” or the Judgement Date. If the Court grants leave to appeal, a Notice of Appeal must be filed within 7 days of leave being granted unless the Court orders otherwise. The Court rules allow an applicant to file a Notice of Intention to Appeal, whether the appeal is a legal right or by leave of the Court. This notice must be filed within 28 days after the “material date” or Judgement Date. It does not have the effect of commencing proceedings in the Court. It extends the time otherwise allowed for filing and serving a Notice of Appeal or a Summons seeking leave where there is no period specified otherwise than under the Rules. If the Notice of Intention to Appeal is filed and served, the Court Rules allow the Notice of Appeal or summons seeking leave to appeal to be filed and served within (3) three months after the material date.  
NSW Appeals
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However, the time to bringing an appeal may be fixed at 21 days by Legislation. For example: s55 of the Government and Related Employees Appeal Tribunal Act and cannot be extended by filing a Notice of Intention to Appeal: Commissioner of Corrective Services v Walker [2007] NSWCA 213. Judicial Review under ss 65 or 69 of the Supreme Court Act may be brought in the Court of Appeal if they relate to a specified Tribunal as defined in s 48 of the Supreme Court Act. You must immediately consider your options to appeal before the due date and allow sufficient time for your legal representatives to prepare the appeal papers. Proper preparation of the grounds of appeal and orders is vital.
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