New South Wales Consolidated Regulations

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Removal to Court of Appeal

1.21 Removal to Court of Appeal

(cf SCR Part 12, rule 2)

(1) The Supreme Court in a Division may, in relation to proceedings commenced in the Division, make an order that the proceedings be removed into the Court of Appeal--
(a) if it makes an order under rule 28.2 for the decision of a question of law, or
(b) if, having stated the question to be decided or determined, it is satisfied that special circumstances exist that render it desirable to make an order for their removal into the Court of Appeal.
(2) If an order is made under subrule (1)--
(a) the Court of Appeal may order that the whole or any part of the proceedings be remitted to a Division for the determination, by trial or otherwise, of the proceedings or of any question arising in the proceedings, or
(b) the proceedings may be continued and disposed of in the Court of Appeal.
(3) Proceedings may be removed into the Court of Appeal under subrule (1) even if any decision or determination in the proceedings is expressed by any Act or law to be final or without appeal.
(4) In this rule,
"question" includes any question or issue in any proceedings, whether of fact or law or partly of fact and partly of law, and whether raised by pleadings, agreement of parties or otherwise.

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