Nicholas Olson, led by Rashelle Seiden SC, successfully appeared for the defendant in AW v WW (No 2) [2024] NSWSC 146.

The appeal to the New South Wales Supreme Court concerned the meaning of the phrase ‘the question of law’ in clause 14(1)(b) of schedule 6, Part 6 to the Civil and Administrative Tribunal Act 2013 (NSW).

The Court found that, in the context of the appeal, a ‘question of law’ means a pure question of law, not a mixed question of law and fact, and that the question posed in the amended summons was not a question of law.

A copy of the Court’s reasons for judgment can be found here.