The way I understand it is they apply to appeal which is run past a single Appeals Court Judge in chambers. Before a hearing can be held, the Judge can reject the appeal application, which he can do for a variety of reasons, SMM can the appeal to a full bench of the Appeals Court to argue against the rejection. If the appeals court gives leave for SMM to appeal, they can apply again. The process and time frames are a joke and just support vexatious claims costing everyone heaps more money and grief, IMO.