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.