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Guide 8 - Appeals to the District Court The Victims Services website has moved.
Please select this link to access the new site, or wait to be re-directed in 5 seconds. The appeal is commenced by a Notice of Motion (Part 6, Division 7A District Court Rules) file within 2 months of the serving of the Notice of Determination and supported by a statement including the following: 1. an identification of the determination sought to be appeal against. 2. the question of law on which it is sought to appeal and 3. the grounds of the proposed appeal (Part 6, Division 7A, Section 60C(4) District Court Rules). The Notice of Motion should be lodged at the nearest District Court Registry and a sealed copy served on the Tribunal. The appeal is to be lodged within 3 months after the day on which the relevant notice of determination was served or within such further time as the District Court may in exceptional circumstances allow. The appeal to the District Court is against the determination of the Tribunal and can only be made in respect of an error of law. An applicant is unable to appeal to the District Court against a determination of a compensation assessor. In these circumstances, the appeal is to the Tribunal. Excluded questions of law are: 1. A determination as to whether an injury for which compensation has been claimed is an injury specified in the schedule of compensable injuries, or whether it is a compensable injury of a particular description specified in that schedule (Section 39(3). 2. A determination as to whether a series of acts are related and constitute a single act of violence. There are a number of decisions on Section 39(3) some of which are listed below. Appeal of Tadros v Victims Compensation Fund Corporation, 24 August 1999, Patten DCJ, Sydney District Court, (Unreported). Appeal of Davidson v Victims Compensation Fund Corporation, 13 May 1999, Robison DCJ, Parramatta District Court (Unreported). Appeal of Jones v Victims Compensation Fund Corporation, 26 July 1999, Bell ADCJ, Sydney District Court (Unreported). Appeal of Sparsi v Victims Compensation Fund Corporation, 1 November 1999, Sidis DCJ, Sydney District Court (Unreported). Appeal of O’Meley v Victims Compensation Fund Corporation, 9 February 2000, Sidis DCJ, Newcastle District Court (Unreported). Cec Brahe Chairperson, Victims Compensation Tribunal 25 July 2000 ______________________ |
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