s 18 Appeals to General Division of High Court
18.—(1) Except as provided in this section and sections 16 and 17, the decision of the Tribunal is final. (2) The applicant, the Commissioner on behalf of the parent (as applicant), a respondent or any other affected party may appeal to the General Division of the High Court from the decision of the Tribunal upon any question of law or of mixed law and fact except in any case where the Tribunal has made the order with the consent of the parties, including a maintenance order made by the president or deputy president and deemed to be a maintenance order made by the Tribunal under section 5(3), unless it is alleged that the consent was obtained by means of fraud, duress, threat or misrepresentation.[37/2010; 40/2019] [Act 22 of 2023 wef 01/07/2024] (3) Subject to subsection (3A), the procedure governing any appeal to the General Division of the High Court is as provided for in the Family Justice Rules.[2/2012; 27/2014; 40/2019] [Act 22 of 2023 wef 01/07/2024] (3A) Where the decision of the Tribunal being appealed against under subsection (2) is the Tribunal’s refusal of permission under section 3B(4) to make an application under section 3 against a child —(a) service of the appeal documents on the child is dispensed with; and (b) the appeal is to be heard and determined without informing or involving the child, unless the General Division of the High Court directs otherwise. [Act 22 of 2023 wef 01/07/2024] (4) The General Division of the High Court has jurisdiction to hear and determine any appeal and may confirm, vary or annul the decision of the Tribunal on appeal and make such further or other order on such appeal, whether as to costs or otherwise, as the General Division of the High Court may consider fit.[40/2019] (5) An appeal against the decision of the General Division of the High Court on an appeal under subsection (2) may only be brought with the permission of the General Division of the High Court, and permission must not be granted unless —(a) a question of law of public interest has arisen in the appeal under subsection (2); and (b) the determination of the question by the General Division of the High Court has affected the outcome of the appeal under subsection (2).[40/2019] [Act 25 of 2021 wef 01/04/2022]