Pay the filing fee. If you cannot afford this fee, you can ask the Court to waive it. Some people are also exempt from paying fees (for example, if you have been granted Legal Aid or are the holder of a health care card).
You can get a form to ask the Court to waive or grant an exemption from the fee from the Court or this website.
If the documents are in the correct form the Court will stamp the originals and each of the copies. The Court will also write on the Notice of Appeal the time and date when the parties need to come to the Court for a directions hearing (except if the appeal is to be heard by a Full Court, in which case, the Court will make an appointment to settle the appeal book index).
Within seven days after the filing of the Notice of Appeal (and not less than five days before the date of the directions hearing) you must serve a copy of the Notice of Appeal upon all the other parties to the proceeding before the AAT and upon the Registrar of the AAT.
Come to the Court at the time and date on the Notice of Appeal. This is called a directions hearing. If you or your representative do not come to the Court at that time, the Court may dismiss the appeal.
Time limits
Paragraph 44(2A)(a) of the Administrative Appeals Tribunal Act 1975 provides that appeals from a decision of the AAT must be instituted not later than the twenty-eighth day after the day on which a document setting out the terms of the decision of the AAT is furnished to you or within such further time as the Court (whether before or after the expiration of that day) allows.
At the first directions hearing the Judge will make orders to prepare the appeal for hearing, including orders relating to the preparation of the appeal papers.
The hearing
You will be asked to argue your case first. The respondent will then be given the opportunity to reply. You will then be given a final opportunity to reply to anything raised by the respondent. You will be expected to be familiar with the contents of the appeal papers and to be able to direct the Court to passages in the papers that support your arguments.
If you are successful the Court may make such orders as it thinks appropriate by reason of its decision including orders:
affirming or setting aside the decision of the AAT; and
remitting the case to be heard and decided by the AAT again, either with or without the hearing of further evidence, in accordance with the directions of the Court.
What if I want the Judge hearing the appeal to consider evidence that was not before the AAT?
In general, it is the AAT's role to receive evidence from the parties and make findings of facts in administrative review proceedings. However, in certain cases the Federal Court may receive evidence in order to dispose of an appeal completely rather than remitting it to the AAT for the further taking of evidence.
If you want the Judge hearing the appeal to consider evidence that was not before the AAT, you should raise the issue at a directions hearing.
