The Court of Appeal held that a subsequent NCAT application filed after an earlier application was refused acceptance and its file closed cannot be treated as a continuation of the earlier application, even where the later application arose from the same dispute and was filed following NCAT's own direction to refile after mediation. The question of whether an application was filed out of time under s 106(6) of the SSM Act was characterised as a finding of fact or mixed fact and law, not a question of law amenable to appeal under s 83(1) of the CAT Act. The Court noted in obiter that the 2025 amendment extending the s 106(6) limitation period from two to six years could have permitted a fresh application before February 2026.
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