Notice of contention (Form 77)

A notice of contention lets a respondent who is happy with the result below, but not all of the reasoning, argue that the decision should be affirmed on different grounds without cross-appealing. Under the Federal Court Rules 2011, Form 77 is the notice for appeals from the Administrative Review Tribunal (r 33.21), which also covers appeals from AFCA, the Superannuation Complaints Tribunal (r 33.34) and the National Native Title Tribunal (r 33.40), and for appeals from the Commissioner of Patents or the Registrar of Trade Marks or Designs (r 34.29). In each case it must be filed within 21 days after the notice of appeal is served.

When you need it

• You are the respondent to an appeal from a tribunal or from an IP Australia decision and want the decision upheld for reasons the decision-maker did not rely on, or relied on differently.
• You do not want to change the result, so a cross-appeal (Form 76 or Form 93) is not needed.
• Not for appeals from a court (a single Federal Court judge, the Federal Circuit and Family Court or a State court): there the notice of contention is Form 124 (r 36.24).

1. 1

   Heading

   Name the tribunal, Commissioner or Registrar in the 'On appeal from' line and copy the file number and party names from the notice of appeal.

2. 2

   Address it

   Insert the role of the party it is addressed to, usually the Applicant, and the role of the party giving the notice, usually the Respondent.

3. 3

   The contention

   The form states that the decision should be affirmed on grounds other than those relied on, and that you do not seek to cross-appeal. Select Tribunal, Commissioner or Registrar as applicable.

4. 4

   Grounds relied on

   Specify, briefly but specifically, the grounds on which you say the decision should be affirmed.

5. 5

   Date and sign

   Sign as the respondent or the respondent's lawyer.

• File within 21 days after the notice of appeal is served on you (rr 33.21, 34.29), for example through eLodgment.
• Serve the notice on the other parties; the Dictionary to the Rules defines file as file and serve.
• Check the current fee schedule; the Court publishes its fees online.

• If you want any part of the decision changed, you need a cross-appeal, not a contention.
• A notice of contention forms part of the appeal book in tribunal appeals (r 33.26(a)(vi)), so the Court will read it with the notice of appeal.
• Raise the grounds in your outline of submissions as well.