Legal Project Management Plan & Checklist
Use this plan when your client is a Commonwealth government department or agency that has received notice of an ART application and must now respond. This plan is designed for government solicitors at the Australian Government Solicitor (AGS) and instructing officers at the Department of Home Affairs, covering the respondent's statutory duty to assist the Tribunal, T document preparation, hearing representation, and post-decision review.
The ART replaced the AAT on 14 October 2024 under the Administrative Review Tribunal Act 2024 (Cth). This plan applies to responses to review applications in the ART Migration jurisdictional area, though the s 56 duty to assist framework and the T document regime apply across all ART jurisdictional areas. No forks are provided for this file: the parent plan covers the complete respondent workflow.
Upon receiving the ART notification, the respondent opens an internal legal file and assigns a legal officer. The complete administrative file (T documents) is collated and quality-checked within the 28-day statutory deadline. T documents are reviewed for legal professional privilege and public interest immunity before upload. The applicant's submissions and new evidence are reviewed and a Statement of Position is drafted, framed as assisting the Tribunal to reach the correct or preferable decision - not as adversarial advocacy. A litigation risk assessment is conducted and the Department decides whether to defend, concede, or consent to remittal. Panel counsel is briefed and the ART hearing is attended. After the hearing, the ART written decision is reviewed and, if adverse, advice on the Minister's judicial review rights is provided. For character cases, the Minister's personal powers under s 501A(2) and s 501BA are assessed. The file is then closed and archived.
Key legislation: Administrative Review Tribunal Act 2024 (Cth) s 56(1) (decision-maker's statutory duty to use best endeavours to assist the Tribunal to make the correct or preferable decision), ss 23-27 (duty to provide all relevant T documents); Migration Act 1958 (Cth) Parts 5 and 7 (reviewable migration and protection decisions), s 476A (28-day window for Minister's judicial review of adverse decisions), s 501A(2) (Minister's power to re-cancel on character grounds), s 501BA (Minister's power to set aside a favourable ART decision); Direction 110 (commenced 21 June 2024, five primary considerations for character decisions); Legal Services Directions 2025 (Cth) s 42 (model litigant obligations for Commonwealth entities - replaced Legal Services Directions 2017 from 2 March 2026): handle claims promptly, keep costs to a minimum, refrain from technical defences where the Commonwealth suffers no prejudice; Administrative Review Tribunal (Common Procedures) Practice Direction (document exchange, service, and hearing procedures). T documents deadline: typically 28 days from notification. Note: the duty to disclose extends to all relevant documents including those that undermine the original decision - selective disclosure constitutes a breach of the duty to assist and may constitute jurisdictional error.
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Administrative Appeal (Respondent) matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for CIVIL_LAW cases, outlining the standard DISPUTE_LITIGATION process. Utilize these tracking templates to manage your legal cases efficiently.
Acknowledge receipt of the ART application notification, open file, assign legal officer, and request the complete administrative file from the Department.
Collate and upload the T documents bundle to the ART under ART Act 2024 ss 23-27, ensuring completeness and compliance with the duty to assist (s 56(1)).
Draft and file the Department's Statement of Position, assess whether to concede or consent to remittal, and comply with Legal Services Directions 2025 model litigant obligations.
Brief panel counsel, attend the ART hearing, and assist the Tribunal to reach the correct or preferable decision.
Review ART decision, advise on judicial review if the decision is adverse, and close file with updated departmental records.
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