Notice of cross-appeal from a tribunal (Form 76)

Division 33.2 of the Federal Court Rules 2011 governs appeals on questions of law from the Administrative Review Tribunal under section 172 of the Administrative Review Tribunal Act 2024, and also applies to appeals from AFCA and the Superannuation Complaints Tribunal (r 33.34) and from the National Native Title Tribunal (r 33.40). A respondent who wants to appeal from the decision, or part of it, that the applicant has appealed from must file a notice of cross-appeal in accordance with Form 76 (r 33.20(2)). It must state the part of the decision cross-appealed from, the precise questions of law, any findings of fact sought, the relief sought and the grounds (r 33.20(3)). The rules of Division 33.2 apply to a cross-appeal as if it were an appeal (r 33.20(1)).

When you need it

• You are a respondent to a tribunal appeal and want part of the tribunal's decision set aside or varied as well.
• Not if you only want the decision upheld on different grounds: use a notice of contention in Form 77 (r 33.21).

1. 1

   Heading

   Name the tribunal in the 'On appeal from' line and copy the file number and parties from the notice of appeal. Leave the Registry's section for the Registry.

2. 2

   The decision and your cross-appeal

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

3. 3

   Questions of law

   State the precise question or questions of law. The appeal, and so the cross-appeal, is on questions of law (s 172).

4. 4

   Findings of fact (if any)

   Complete only if you ask the Court to make findings of fact, which it can do 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.

6. 6

   Address, service and certificate

   Give your address for service, choose the service option, date and sign. In migration litigation the lawyer signs the section 486I certificate.

• File within 21 days after you were served with the notice of appeal (r 33.20(4)). The note to rule 33.20(2) also refers to the time in section 174 of the Administrative Review Tribunal Act 2024.
• Serve a copy on each other party and on the Registrar of the Tribunal (r 33.20(5)).
• A filing fee may apply - check the current fee schedule.

• Make sure each question of law is precise; the Court reads the cross-appeal the same way as the appeal.
• Unlike the notice of appeal, the cross-appeal must be served on the Registrar of the Tribunal by you (r 33.20(5)).
• A court must refuse to accept a lawyer-filed document starting migration litigation without the section 486I certificate (s 486I(2) Migration Act 1958).