Appealing from a decision from other tribunals or bodies

Australian Competition Tribunal 

The Federal Court can hear appeals from the Australian Competition Tribunal under limited circumstances set out in the Competition & Consumer Act 2010. Appeals can be made under:

• Section 44ZR - appeals on questions of law regarding access to declared services. An appeal must be filed within 28 days of the decision of the Tribunal. The Federal Court Rules 2011do not specifically prescribe a form but a Form 15 (doc - 60.5 kb) can be used, accompanied by an affidavit annexing a copy of the Tribunal's decision.
• Appeals on questions of law regarding access to telecommunications. An appeal must be filed within 28 days of the decision of the Tribunal. The Federal Court Rules do not specifically prescribe a form but a Form 5 (doc - 35.5 kb) can be used, accompanied by an affidavit annexing a copy of the Tribunal's decision).

The Court also has more general powers under the Competition & Consumer Act 2010 to make declarations, and make orders for mandamus, prohibition or certiorari that may apply in relation to a Tribunal decision. Parties should seek their own legal advice about these matters.

If a Judge was a member of the Tribunal decision appealed from, the matter must be heard by a Full Court (section 20(2) Federal Court of Australia Act 1976 (Cth)).

Superannuation Complaints Tribunal

Division 33.3, rule 33.34 of the Federal Court Rules 2011 provides that Division 33.2 applies to appeals from the Superannuation Complaints Tribunal, except that a notice of appeal must be filed in the Registry in the state or territory in which the applicant ordinarily resides. The Federal Court Rules prescribe the filing of a Form 75 (doc - 66 kb)) for appeals under section 46 of the Superannuation (Resolution of Complaints) Act 1993.

Appeals should be filed not later than the 28th day after the day on which a copy of the determination of the Tribunal is given, in accordance with section 46(2)(a) of the Superannuation (Resolution of Complaints) Act 1993.

An extension of time to file a notice of appeal can be sought using Form 67 (doc - 51.5 kb) (see rule 33.13).

National Native Title Tribunal

Division 33.4, rule 33.40 of the Federal Court Rules 2011 provides that Division 33.2 applies to appeals under section 169 of the Native Title Act 1993 (Cth) from a decision of the Tribunal.

Commissioner or Registrar of Patents, Designs, Trade Marks (Intellectual Property)

Division 34.3 of the Federal Court Rules 2011 provides that a party who wants to appeal from a decision of the 'Commissioner' must within 21 days of the date of the decision file a notice of appeal in accordance with Form 92 (doc - 54 kb).

Further information about the forms and procedures for these appeals is available from any Federal Court Registry.