New South Wales Consolidated Regulations

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Cases for appeal

60.17 Cases for appeal

An appeal shall lie to the Court of Appeal in accordance with section 101 and 103 of the Act, subject however to the leave of the Court of Appeal in any case to which subsections (2) and (4) of section 101 apply, from any decision of the Court in a Division constituted by an associate Judge--

(a) upon a trial pursuant to Schedule D Part 3 paragraphs 1, 2, 3, 3A, 4 (a), 8, 9, 17, 17A, 24, 25, 26, 27 and 28,
(a1) in proceedings referred pursuant to Schedule D Part 3 paragraphs 5, 5A and 5B,
(b) in proceedings under the provisions (except sections 13 to 21 inclusive, which relate to guardianship) of the Testator's Family Maintenance and Guardianship of Infants Act 1916 ,
(c) in proceedings under section 14 or section 22 of the Married Persons (Property and Torts) Act 1901 ,
(d) in proceedings under the Family Provision Act 1982 ,
(e) in proceedings under the Property (Relationships) Act 1984 ,
(f) in proceedings on an application for review of taxation of costs,
(g) in proceedings under section 208L or section 208M or section 208N of the Legal Profession Act 1987 ,
(h) in proceedings under section 13 of the Married Persons (Equality of Status) Act 1996 ,
(i) in proceedings determining a question of costs with respect to a matter that has been otherwise finalised,
(j) on an application to extend a period of limitation, fixed by or under an enactment, within which original proceedings must be brought, or
(k) where the decision of the associate Judge is a final decision other than--
(i) a decision on an application for a summary judgment, or
(ii) a decision on an application for a summary dismissal of proceedings.

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