1A single judge constituting the ACT Court of Appeal may strike out an appeal as incompetent under s 37J(h) of the Supreme Court Act 1933 (ACT) and rr 5472 and 5604 of the Court Procedures Rules 2006 (ACT). The burden of establishing competency lies on the appellant.
2Orders of a Supreme Court judge that determine appeal proceedings are final, not interlocutory, subject to any right of appeal or right to seek leave to appeal.
3Where no right of appeal lies from the original tribunal decision (here, an ACAT presidential member's dismissal of an interim application to set aside an earlier dismissal), no appeal lies from a Supreme Court decision refusing leave to appeal from that decision. A further appeal in those circumstances is incompetent.
