QA v Chief Psychiatrist of the ACT

[2018] ACTCA 10

ACT Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Competency of appeal
3. › Notice of appeal
4. › Whether notice of appeal identified any legal, factual or discretionary error
5. › Failure to identify error
6. › Appeal struck out as incompetent
7. › Court Procedures Rules 2006 (ACT), r 5472
8. › Supreme Court Act 1933 (ACT), s 37E
1. Mental Health Law
2. › Psychiatric treatment orders
3. › Appeal from ACAT to Supreme Court
4. › Further appeal to Court of Appeal
5. › Whether grounds of appeal enlivened appellate jurisdiction
6. › Mental Health Act 2015 (ACT), ss 48, 58(2), 267

Quick Take

A notice of appeal to the ACT Court of Appeal under s 37E of the Supreme Court Act 1933 (ACT) that fails to identify any legal, factual or discretionary error in the decision below is incompetent and will be struck out under r 5472 of the Court Procedures Rules 2006 (ACT). The onus of establishing competency rests on the appellant.