When is the deadline for appeal to the federal court on a question of law from the administrative review tribunal?
The catalogue records a 28 days period from The Tribunal giving the party its statement of reasons, the last day on which a statement of reasons could have been requested, or the giving of the decision, depending on which limb of s 174(1) applies. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 28 days
- Trigger
- The Tribunal giving the party its statement of reasons, the last day on which a statement of reasons could have been requested, or the giving of the decision, depending on which limb of s 174(1) applies
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
- Holiday, closure and order treatment must be independently documented before publication.
This route remains in preparation until a pinpoint official source is recorded.
- s 174(2): the Federal Court may extend the period within which the appeal must be made. Procedure is r 33.13 (application in Form 67 with the decision, published reasons, an affidavit explaining the delay and a draft notice of appeal). Never compute the extension.
- The right of appeal is conferred by s 172 (question of law) and s 173 (standing decisions). CRITICAL COUNTING NUANCE: s 174(2A) provides that 'For the purposes of counting the 28 days mentioned in paragraphs (1)(a), (b) and (c), do not take into account any day in the period starting on 24 December in a year and ending on 14 January in the next year.' This mirrors FCR r 1.61(5) and is one of very few statutory periods in Commonwealth law with a built-in Christmas vacation exclusion; it must not be assumed for other Acts. Roll-forward is under Acts Interpretation Act 1901 (Cth) s 36(2), not FCR r 1.61(4), because the period is fixed by an Act. Constitution of the Court is governed by s 175.