Practitioners seeking leave to appeal from ACAT on questions of law must precisely formulate discrete questions of law in the draft notice of appeal (not merely allege error), as the Court will not distil questions from grounds or submissions. The Eastman requirement to show a 'more favourable decision' does not apply where the appellant is a statutory authority with a disinterested regulatory function; instead, the test is whether an arguable question of law is identified and there is a public interest in correct determination.
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