Notice of appeal from a tribunal (Form 75)

Section 172 of the Administrative Review Tribunal Act 2024 lets a party to a Tribunal proceeding appeal to the Federal Court, on a question of law, from the Tribunal's decision. Rule 33.12 of the Federal Court Rules 2011 requires a notice of appeal in accordance with Form 75 stating the part of the decision appealed from, the precise questions of law, any findings of fact the Court is asked to make, the relief sought and the grounds. The same procedure applies to appeals from AFCA determinations under section 1057 of the Corporations Act 2001 and Superannuation Complaints Tribunal determinations (r 33.34), and to appeals from the National Native Title Tribunal under section 169 of the Native Title Act 1993 (r 33.40).

When you need it

• You were a party to an Administrative Review Tribunal proceeding and say the Tribunal made an error of law.
• You are appealing an AFCA determination under section 1057 of the Corporations Act 2001, or a National Native Title Tribunal decision under section 169 of the Native Title Act 1993.
• Out of time: apply for an extension in Form 67 with a draft Form 75 attached (r 33.13).

1. 1

   Heading

   Name the tribunal in the 'On appeal from' line. The appellant is the Applicant. Leave the hearing details for the Registry.

2. 2

   The decision

   State the tribunal, the date and place of the decision, what it decided, and the part of the decision you appeal from or say should be varied.

3. 3

   Questions of law

   Set out the precise question or questions of law (r 33.12(2)(b)). The appeal is confined to questions of law (s 172).

4. 4

   Findings of fact (if any)

   Only complete this if you ask the Court to make findings of fact. The Court can do so only in limited circumstances (s 177). Otherwise delete the section.

5. 5

   Orders sought and grounds

   State the relief you want instead of the decision, and briefly but specifically the grounds for it.

6. 6

   Addresses, service and certificate

   Give your address for service and residential or business address, choose the service option, date and sign. In migration litigation a lawyer must also sign the section 486I certificate that the case has reasonable prospects of success.

• File within 28 days after the Tribunal gives its statement of reasons (or the other start points in s 174(1)); days from 24 December to 14 January are not counted (s 174(2A)). The Court can extend time (s 174(2)).
• File in the District Registry in the State or Territory where the Tribunal heard the matter (r 33.12(3)); for AFCA and Superannuation Complaints Tribunal appeals, in the Registry where you ordinarily reside (r 33.34).
• Serve a copy on each other party (r 33.12(4)). The Court's Registrar sends a copy to the Registrar of the Tribunal within 7 days after filing is accepted (r 33.12(5)).
• A filing fee applies - check the current fee schedule. Respondents must file an address for service within 14 days after service (r 33.16).

• Frame each question of law precisely. A disagreement with the Tribunal's view of the facts is not a question of law.
• An appeal does not stay the Tribunal's decision; a stay is sought by interlocutory application (r 33.17).
• A court must refuse to accept a lawyer-filed document starting migration litigation without the section 486I certificate (s 486I(2) Migration Act 1958).
• If the Tribunal gave no written reasons, you must obtain a statement of reasons and send it to the Registry within 10 days after receiving it (r 33.19).