CALABRO v BEAUDOIN

The South Australian Court of Appeal considered an application for leave to appeal in *Calabro v Beaudoin*. The dispute concerned the jurisdiction of the South Australian Civil and Administrative Tribunal (SACAT).

The primary legal issue before the Court of Appeal was whether it should entertain new questions of jurisdiction raised for the first time on appeal, and if so, how such matters should be dealt with.

The Court, per Livesey JA, held that, as a general rule, new questions raised for the first time on appeal would not be entertained by the Court of Appeal, except in exceptional circumstances. However, given the potentially significant implications of the jurisdictional question for the everyday practice of SACAT, the Court determined that the question of leave to appeal should be referred for argument as on appeal. This approach allows for a more thorough examination of the jurisdictional issue.