Any party to a proceeding in the Land Court has the right to appeal to the Land Appeal Court against all or part of the Land Court’s decision.
You can appeal against a Land Court decision under the Land Court Act 2000 or a compensation determination under the Mineral Resources Act 1989, ss 86 and 282.
How to appeal
Start an appeal by filing a Notice of appeal to the Land Appeal Court (DOCX, 119.8 KB) or in the Land Court registry either:
- in person at Level 8, Brisbane Magistrates Court building, 363 George Street, Brisbane
- by post to The Registrar, Land Appeal Court of Queensland, GPO Box 5266, Brisbane Qld 4001.
The notice of appeal must state the grounds on which you’re appealing the Land Court’s decision.
You’ll need to pay a filing fee at the time of filing.
What happens next (H2)
The Land Appeal Court makes orders and directions setting out a timetable for your appeal, including orders about:
- the preparation of an appeal record book, as it’s the appellant’s responsibility to prepare the appeal record book
- exchange of written submissions
- exchange of lists of authorities.
A hearing date may also be set for the hearing of your appeal.
For further information, see Land Appeal Court Practice Direction 1 of 2020 (PDF, 277.1 KB).
Deciding an appeal
Appeals to the Land Appeal Court are by way of rehearing. The court examines the transcript of proceedings from, and record of evidence presented to, the Land Court.
The Land Appeal Court can admit new evidence only if satisfied that the evidence is necessary to avoid grave injustice and there is a good reason why the evidence wasn’t previously given.
After hearing the appeal, the Land Appeal Court may:
- return the matter to the Land Court for a further decision
- affirm or amend the Land Court’s decision
- revoke the Land Court’s decision and substitute its own
- make any order it considers appropriate.
The Land Appeal Court can also award costs.
Court of Appeal decision
If you disagree with the Land Appeal Court’s decision, you may wish to apply for leave (permission) from the Court of Appeal to appeal the decision.
Apply within 42 days after the Land Appeal Court makes the order with its decision.
See details on applying for leave to appeal from the Court of Appeal or contact the Court of Appeal registry.
Land Court appeal forms
More information
Contact us
Please send all formal Land Court correspondence to Landcourt@justice.qld.gov.au. Do not send formal correspondence directly to individual staff members in the Land Court.
| Address | 363 George Street
Brisbane Qld 4000 |
Postal address | GPO Box 5266
Brisbane Qld 4001 |
| Phone (business hours) | (07) 3738 7199 |
| Email | Landcourt@justice.qld.gov.au |
| Business Hours | 8.30am to 4.30pm, Monday to Friday (excluding public holidays and other designated court holidays).
The Land Court and Tribunal Registry also provides registry services to the Aboriginal Land Tribunal. |
