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Sale and Supply of Alcohol Act 2012

Sale and supply of alcohol generally - Appeals - Appeals to High Court

164: Orders relating to determination of appeals

You could also call this:

"What happens when a court makes orders to help decide an alcohol licence appeal"

When you appeal a decision to the High Court, the court can make some orders. The High Court can tell the licensing authority to give them some documents or information. This can happen if you ask the court to, or if the court decides to on its own.

If you want to ask the High Court to make one of these orders, you must do it within a certain time. If you are the person who started the appeal, you have 20 working days after you lodged your appeal. If you are someone else involved in the appeal, you have 20 working days after you got a copy of the appeal notice.

The High Court will only make one of these orders if it needs the information to make a decision about the appeal. The court can also decide that the order only happens if certain conditions are met, you can find more information about this by looking at s 142.

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"Telling the High Court you want to speak up in an alcohol sales appeal"

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Part 2Sale and supply of alcohol generally
Appeals: Appeals to High Court

164Orders relating to determination of appeals

  1. Subject to subsections (2) and (3), the High Court may, of its own motion or on the application of any party to the appeal, make all or any of the following orders:

  2. an order directing the licensing authority to lodge with the Registrar of the High Court any document or other written material or any exhibit in the possession or custody of the licensing authority:
    1. an order directing the licensing authority to lodge with the Registrar a report recording, in respect of any matter or issue that the court specifies, any of the findings of fact of the licensing authority that are not set out or fully set out in its determination:
      1. an order directing the licensing authority to lodge with the Registrar a report setting out, in respect of any matter or issue that the court specifies, any reasons or considerations of the licensing authority to which the licensing authority had regard that are not set out in its determination.

        1. An application under subsection (1) must,—

        2. in the case of the appellant, be made within 20 working days after the date of the lodging of the notice of appeal; or
          1. in the case of any other party to the appeal, within 20 working days after the date of the service on that party of a copy of the notice of appeal.

            1. The High Court may make an order under subsection (1) only if it is satisfied that a proper determination of the point of law in issue so requires; and the order may be made subject to such conditions as the High Court thinks fit.

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