Northern Territory Consolidated Acts Northern Territory Consolidated Acts(1) A claimant may appeal to the Supreme Court against a decision of the Law Society:
(a) to wholly or partly disallow a claim; or
(b) to reduce the amount allowed in relation to a claim.
(2) However, an appeal does not lie against a decision of the Society to limit the amount payable, or to decline to pay an amount, under the capping and sufficiency provisions of this jurisdiction.
(3) An appeal must be started by filing notice of appeal within 28 days after receiving the information notice for the decision.
(4) The notice of appeal must state fully the grounds of appeal.
(5) On an appeal:
(a) the appellant must establish that the whole or part of the amount sought to be recovered from the Fidelity Fund is not reasonably available from other sources, unless the Society waives that requirement; and
(b) the Court may, on application by the Society, stay the appeal pending further action being taken to seek recovery of the whole or part of that amount from other sources.
(6) The Court may review the merits of the Society's decision.
(7) The Court may:
(a) affirm the decision; or
(b) if satisfied the reasons for varying or setting aside the Society's decision are sufficiently cogent to warrant doing so:
(i) vary the decision; or
(ii) set aside the decision and make a decision in substitution for the decision set aside; or
(iii) set aside the decision and remit the matter for reconsideration by the Society in accordance with any directions or recommendations of the Court.
(8) Also, the Court may make the other orders it considers appropriate.
(9) However, an order for costs must not be made on an appeal under this section unless the Court is satisfied an order for costs should be made in the interests of justice.