-
This form is used when seeking to appeal from a decision of the Administrative Review Tribunal (ART) in a child support first review or from a decision of the Child Support Registrar (CSR) to issue a departure prohibition order.
Note: this form is filed in the General Federal Law registry of the Federal Circuit and Family Court. See also Family Law Practice Direction – Child Support and Child Maintenance Proceedings.
- You must complete address for service details in the footer on page 1. All correspondence concerning the application will be sent to the email or mailing address inserted and all documents in the proceedings will be deemed to have been served on you if emailed or posted to that address. If your address details change, you must file a notice of address for service within seven days and serve a copy on all other parties: see rule 2.26 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (the Rules).
- You must insert the name/s and address/es of each respondent in the ‘Important Notice to Respondent/s’ box at the end of the form. In an appeal against a decision of the ART, you must include as a respondent each other party to the ART proceedings at the time of the decision or decisions under appeal were made, including the CSR. Note: each respondent must be named above the word “Respondent” on page 1 of the form, not just at the end of the form.
- The grounds of the appeal must explain briefly the basis on which the orders are sought.
- You must annex a copy of the ART's decision or the CSR’s departure prohibition decision and the statement of reasons for that decision to the Notice of Appeal. The ART’s decision will usually include the statement of reasons. You may also file a completed financial statement in accordance with the approved form and any further affidavits on which you seek to rely. However, further evidence will not normally be admitted on the hearing of an appeal. If you wish to rely on further evidence, you must indicate this on the Notice of Appeal and file an affidavit setting out the additional evidence that is to be relied on.
- Unless the Court orders otherwise, you must file an appeal from a decision of the ART:
- No later than 28 days after receiving a written statement of reasons (statement) for the decision from the ART (if the ART is required to provide you with a statement and you exercise your right to request the statement); or
- No later than 28 days after the last day from when you could have requested a statement from the ART but chose not to: see subsection 174(1) of the Administrative Review Tribunal Act 2024.
- You can only appeal a decision of the ART on a question of law which must be specified in the form; for more information, seek legal advice.
- You must serve the Notice of Appeal at least 28 days, and any other documents on which you intend to rely at least 21 days before the hearing date. The persons to be served include each respondent, a parent or eligible carer, and the CSR. If you are appealing from a decision of the ART, you must serve the Notice of Appeal (and other documents) on the ART within seven days of the day of filing the appeal.
- You must serve on the respondent a brochure called Child Support Applications, which is available on this website or from the court registry.
- If you are completing this application by hand and you need more space in any section attach extra pages as required.
- Once complete, you need to file the original and three or four copies of this application with the court registry. The Court will keep the original and return the sealed copies to you. You will need to serve a copy on the respondent, the CSR and the ART (if it is an appeal from the ART). You will also need to keep a copy for your records.
The Courts acknowledge the traditional owners and custodians of country throughout Australia and acknowledges their continuing connection to land, sea and community. We pay our respects to the people, the cultures and the elders, past, present and emerging.