Judiciary and Code of Conduct Appeals

A person, or party, who is aggrieved by a decision of the Judiciary or Code of Conduct Committee may appeal to the Appeals and Disputes Committee. To lodge an appeal from, the person must first obtain leave to do so from the Appeals Chairperson. An application for Leave to Appeal must be received by 5.00pm on the next business day following receipt of the Notice of Outcome

An Appeal Fee of $500.00 should be attached to the completed Application Form when it is lodged. The fee can be paid in cheque, by cash or Direct Debit and is only refundable if the appeal is upheld.

To successfully receive Leave to Appeal, a person must lodge their request on one or more of the following grounds:

(1) With respect to the issue of guilt:
a. That there was an error of law; or
b. That the decision was unreasonable or insupportable having regard to the evidence presented to the Judiciary or Code of Conduct Committee in the hearing; or
c. If the person is able to adduce fresh evidence which was not available to the person at the time of the hearing in respect of which the person is seeking leave to appeal the determination of. The evidence must also be sufficiently strong that, in the opinion of the Appeals and Disputes Committee, it may well have affected the outcome of the earlier determination had it been available.

(2) With respect to the issue of penalty: that the penalty imposed by the Judiciary or Code of Conduct Committee was manifestly excessive.

The Appeals Chairperson shall not grant leave for the person to appeal unless they form the view, in their absolute discretion, that the person has good prospects of success on the hearing of that appeal.

A Request For Leave To Appeal Application Form can be accessed here.