The Court of Appeal (Free JA sitting alone) held that an appeal from a Supreme Court decision reviewing NCAT Stage One disciplinary findings (unsatisfactory professional conduct and professional misconduct) is subject to the leave requirement in s 101(2)(r) of the Supreme Court Act 1970 (NSW), and that the appellant bore the onus of demonstrating the $100,000 monetary threshold was met. The Court confirmed that disciplinary findings do not alter a practitioner's financial position in an immediately quantifiable way sufficient to satisfy the threshold, and that an appeal on a question of law lies directly to the Court of Appeal only where the NCAT panel included a judicial member. The purported appeal was dismissed as incompetent where the self-represented appellant refused to file a leave application despite being put on notice by both the respondent and the Registrar.
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