Administrative Review Tribunal Act 2024

PART 7 - APPEALS AND REFERENCES OF QUESTIONS OF LAW TO FEDERAL COURT  

Division 3 - Transfer of appeals to Federal Circuit and Family Court of Australia (Division 2)  

SECTION 179   TRANSFER OF APPEALS  
General rule - Federal Court may transfer appeal

179(1)    
If an appeal under Subdivision A of Division 2 is pending in the Federal Court, the Federal Court may, by order, transfer the appeal to the Federal Circuit and Family Court of Australia (Division 2).

179(2)    
The Federal Court may do so:

(a)    on the application of a party to the appeal; or

(b)    on its own initiative.

Matters to which Federal Court must have regard

179(3)    
In deciding whether to transfer the appeal, the Federal Court must have regard to the following:

(a)    any Rules of Court made for the purposes of section 181 ;

(b)    whether proceedings in respect of an associated matter are pending in the Federal Circuit and Family Court of Australia (Division 2);

(c)    whether the resources of the Federal Circuit and Family Court of Australia (Division 2) are sufficient to hear and determine the appeal;

(d)    the interests of the administration of justice.

Jurisdiction and powers of Federal Circuit and Family Court of Australia (Division 2)

179(4)    
If the Federal Court transfers the appeal, Subdivision B of Division 2 (jurisdiction and powers of Federal Court) applies in relation to the Federal Circuit and Family Court of Australia (Division 2) in the same way as it applies in relation to the Federal Court.

Exception - certain appeals must not be transferred

179(5)    
However, the Federal Court must not transfer the appeal if it:

(a)    relates to a decision given by the Tribunal constituted by a member who is, or by members at least one of whom is, a Judge or a Non-Judicial Deputy President; or

(b)    is of a kind prescribed by the rules.