An appeal is a provision under sections 65 and 67 of the Consumer, Trader and Tenancy Tribunal Act 2001.
Appeals against CTTT decisions can be made to either the District Court or Supreme Court of NSW. The appropriate forum in which to challenge the decision will depend upon the grounds for the appeal.
Appealing a decision can be a costly process and you may need legal representation. Seek independent legal advice before taking this course of action.
District Court appeals
Appeals may be made to the District Court of NSW under section 67 of the Consumer, Trader and Tenancy Tribunal Act 2001.
The grounds for an appeal to the District Court is that the CTTT made an error when it decided a question with respect to a matter of law. Appeals to the District Court must be made within 28 days from the date the CTTT's order is made.
Contact the District Court of NSW for further information on the appeal process.
Supreme Court appeals
Appeals may be made to the Supreme Court of NSW under section 65 of the Consumer, Trader and Tenancy Tribunal Act 2001.
The grounds for an appeal to the Supreme Court include that there was a denial of procedural fairness or that the CTTT did not have jurisdiction to make the order.
Contact the Supreme Court of NSW for further information on the appeal process.
Appealing Strata and Community Schemes decisions
The appeal process in strata and community schemes matters differs depending on whether it is an appeal against an Adjudicator's decision, or an appeal against a Tribunal Member's decision.
If you want to appeal an Adjudicator's decision you can lodge a fresh application to the CTTT appealing the decision within 21 days of the order coming into effect.
The matter will be listed for hearing and the Tribunal Member may affirm, revoke or make a substitute order. The Tribunal Member may dismiss the application if they believe the matter was appropriately dealt with by the Adjudicator.
When making an appeal application against an Adjudicator's decision, you may also request a stay order to stop the Adjudicator's orders coming into effect until after the appeal application has been determined.
- Download a Strata and Community Schemes Division application form (PDF size: 387kb)
- View the current fees and charges.
Tribunal Member's decision
If you want to appeal a Tribunal Member's decision made following the hearing of a strata and community schemes matter, you will need to appeal against the decision to the District Court of NSW.
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