Lourey v Legal Services and Complaints Committee

[2023] WASCA 90

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Appeals
3. › Appeals on questions of law
4. › Requirement to state question of law in grounds of appeal
5. › Whether grounds of appeal complied with requirement to state question of law
6. › State Administrative Tribunal Act 2004 (WA), s 105(2)
7. › Supreme Court (Court of Appeal) Rules 2005 (WA), r 32(4)(e)
1. Practice and Procedure
2. › Appeals
3. › Filing requirements
4. › Registrar's power to refuse to accept documents for filing
5. › Review of registrar's decision
6. › Supreme Court (Court of Appeal) Rules 2005 (WA), rr 10(1), 15, 16
1. Practice and Procedure
2. › Appeals
3. › State Administrative Tribunal
4. › Enlarged right of appeal under s 105(13)
5. › Whether interlocutory procedural orders had the legal effect of depriving a person of capacity to pursue a vocation
6. › State Administrative Tribunal Act 2004 (WA), s 105(13)(b)

Quick Take

An appellant's case for an appeal under s 105(2) of the SAT Act must separately and distinctly state the question of law on which the appeal is brought, as required by r 32(4)(e) of the CA Rules; the question of law cannot be distilled from the grounds of appeal or submissions. The Court of Appeal registrar will refuse to accept for filing an appellant's case that does not comply with this requirement. Section 105(13) of the SAT Act is unavailable to enlarge the right of appeal where the decision appealed from is an interlocutory procedural order that does not have the legal effect of depriving a person of capacity to pursue a vocation.