Shammas v Canberra Institute of Technology

[2013] ACTCA 50

ACT Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Interlocutory appeal
3. › Leave to appeal
4. › Refusal of leave to appeal from tribunal
5. › Whether decision interlocutory or final
6. › Supreme Court Act 1933 (ACT), s 37E(4)
1. Appeal
2. › Interlocutory appeal
3. › Leave to appeal
4. › Test for granting leave
5. › Whether decision attended with sufficient doubt
6. › Whether substantial injustice if left unreversed
1. Appeal
2. › Leave to appeal out of time
3. › Incorrect advice from court registry
4. › Whether leave should be granted to file out of time
1. Discrimination
2. › Age and race discrimination
3. › Complaints to Human Rights Commission
4. › Referral to ACAT
5. › Whether discrimination established
6. › Human Rights Commission Act 2005 (ACT), s 53A

Quick Take

A refusal of leave to appeal from ACAT to the Supreme Court is an interlocutory decision requiring leave to appeal to the Court of Appeal under s 37E(4) of the Supreme Court Act 1933 (ACT). Incorrect advice from court registry staff may justify granting leave to file an application for leave to appeal out of time.