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In order to appeal your case in the High Court, you must seek leave from the CDRT to do so first.
Consider whether you have sufficient reasons to appeal against the decision, direction or order of the CDRT.
Under section 26(1) CDRA, you can appeal to the High Court only against a decision, direction or order of the CDRT:
An appeal to the High Court can only be brought if leave to appeal is given by the CDRT.
The application for leave to appeal against the decision, direction or order of the CDRT must be filed within 14 days after the date of the decision, direction or order.
E.g. If the decision was made on 1 July 2015, the applicant must file the application by 15 July 2015 at the latest.
If the last day of the period is a Sunday or Public Holiday, the period will include the next working day.
File an Application for Leave to Appeal at the Community Justice and Tribunals System (CJTS).
For the purpose of the proceedings, you will be known as the Applicant and your neighbour will be known as the Respondent.
At the time of filing, a Notice of Hearing to the Applicant and the Respondent to attend a Hearing at the CDRT on a specified date and at a specified time will be issued via CJTS.
Within 7 calendar days after the Application is filed in CJTS, the Applicant must serve one (1) set of the Application and one (1) set of the supporting evidence (if any) on the Respondent.
If the Respondent intends to contest the Application, the Respondent has 14 calendar days after being served with the Application and the supporting evidence to file his Reply and supporting evidence (if any), in CJTS.
Within the same 14-day period, the Respondent must serve one (1) set of the Reply and one (1) set of the supporting evidence (if any) on the Applicant.
The Applicant and the Respondent must attend the hearing at the CDRT on the specified date and at the specified time.
Things to bring:
If the CDRT judge decides to make a Court Order to grant leave to appeal against the decision, direction or order of the CDRT, the CDRT will prepare the Court Order immediately after the hearing. The Applicant will extract the Court Order and serve it on the Respondent according to the directions that the CDRT judge has given.
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