New South Wales Consolidated Acts

NSW TRUSTEE AND GUARDIAN ACT 2009 - SECT 50

50 Appeals to NCAT against estate management orders made by MHRT

(cf PE Act, s 21A)

(1) An appeal may be made by the following persons to the Civil and Administrative Tribunal against an order by the MHRT that the estate of a person be subject to management under this Act--

(a) the person to whom the order relates, or

(b) any other person who was a party to the proceedings in which the order was made.

Note : An appeal under this section is an external appeal to the Tribunal for the purposes of the Civil and Administrative Tribunal Act 2013 .

(2) An appeal may be made--

(a) as of right, on any question of law, or

(b) by leave of the Tribunal, on any other grounds.

(3) If the person to whom the order relates has appealed to the Supreme Court under this Division against the order, the person may not appeal to the Civil and Administrative Tribunal under this section against the same order. However, the person may appeal to the Tribunal under this section if the appeal is withdrawn with the approval of the Court for the purpose of enabling the Tribunal to deal with the matter.