Common questions
Administrative appeals - civil
Guardianship and Administration Tribunal (GAAT) appeals
Commissioner of Tobacco Products Licensing (CTPL) appeals
Commissioner of State Revenue (CSR) appeals
Guardianship and Administrative Tribunal (GAAT) appeals
How can I appeal against a GAAT decision?
If you are appealing on a question of law only, you should file a Form 64 - Notice of appeal (where leave to appeal is not required) (UCPR).
Unless the court orders otherwise, you will need to file this form at the Supreme Court registry.
You should file this notice of appeal within 28 days after the date of the tribunal decision.
If you wish to make an appeal, you can ask the tribunal to provide written reasons for its decision if it has not already done so.
In this situation, you will need to file your notice within 28 days after the day you receive the reasons in writing.
An application can be made to the Supreme Court to extend the deadline to lodge an appeal.
If you are not appealing on a question of law, the court’s leave is required [see How can I obtain leave of the court?]
Who can appeal?
You can appeal a GAAT decision if you are:
- the person whose capacity was under consideration in the proceeding
- the applicant in the proceeding
- a person proposed for appointment by the proceeding
- a person whose power as guardian, administrator or attorney was changed or removed by the tribunal decision
- the Adult Guardian
- the Public Trustee
- the Attorney-General
- a person given leave to appeal by the court.
How can I obtain leave of the court?
If you are appealing a decision, and it doesn’t involve a question of law, you will need to obtain the court’s leave.
To seek the court’s leave, you will need to file a Form 69 – Application (UCPR) at the Supreme Court registry
If you have any supporting documents or material you wish to put before the court, they should be exhibited or set out in a Form 46 – Affidavit (UCPR).
When you file the application, the registry will allocate a time, date and place for the court hearing. This hearing will determine whether you will be granted leave to appeal the decision.
What should I do after I have been given leave to appeal?
Unless the court orders otherwise, you need to file a Form 64 - Notice of appeal (where leave to appeal has been granted) (UCPR) at the Supreme Court registry.
What happens after I file my Form 64 - Notice of appeal?
When you file your Form 64 – Notice of appeal (UCPR) the registrar will set a time, date and place for a directions hearing before the court.
At the directions hearing, the court will make the orders and give the directions for the conduct of the proceeding. This hearing must be held before the date when the appeal is to be determined.
How do I get my appeal determined?
After complying with the relevant rules and practice directions, you (the appellant) and all the respondents who have filed an address for service, have a duty to discuss and clarify:
- what issues form the basis of the appeal
- whether any further evidence needs to be put before the court
- how long the hearing of the appeal may take.
If you and the respondents reach an agreement you must immediately file a combined certificate of readiness on Form 98 – Certificate of readiness (UCPR).
If you can’t agree, each party must immediately file an individual certificate of readiness on Form 98 – Certificate of readiness (UCPR).
When the certificates are filed, the registrar will list the matter for hearing and notify the parties of the time, date and place of the hearing.
Commissioner of Tobacco Products Licensing (CTPL) appeals
How can I appeal against a decision of the CTPL?
You will need to submit a request in writing to the CTPL asking that your objection be treated as an appeal and the matter be forwarded to the Supreme Court.
This request must be made within 30 days after the commissioner serves you with a notice of the decision.
The CTPL is required to forward your request to the Supreme Court as soon as is practicable.
Any party may apply to the court for directions regarding any issue arising out of the appeal. They can do this by filing a Form 9 – Application (UCPR).
As soon as you receive notification that your request has been lodged at the Supreme Court, you will be required to pay the prescribed fee for filing a notice of appeal.
Commissioner of State Revenue (CSR) appeals
How can I appeal against a decision of the CSR?
If you object to the CSR’s original assessment and you are dissatisfied with the CSR’s decision regarding your objection, you may appeal to the Supreme Court.
You cannot appeal unless you have paid all the tax as well as any interest owing because of late payment.
You will need to file a Form 64 – Notice of appeal (UCPR) within 60 days after you are given notice of the commissioner’s decision. The appeal process is similar to GAAT appeals.
The appeal is started by giving written notice of the appeal to the CSR within seven days after the notice of appeal is filed.
The Supreme Court can’t extend the time for filing the notice.
Any party may apply to the court for directions or assistance regarding any matter that is the subject of appeal by filing a Form 9 – Application (UCPR).
What do I base my appeal on?
The notice of appeal must state the grounds of your appeal and the facts you rely on. Unless the court orders otherwise, the grounds for your appeal must be limited to the grounds of your objection.
As the appellant, it is up to you to prove your case that the assessment was excessive.
What if the CSR makes a reassessment after I lodge my appeal?
Occasionally the CSR may make a reassessment after you start an appeal against the assessment.
On receiving a reassessment notice from the commissioner, you may:
- continue or withdraw the existing appeal
- change the grounds of the appeal by filing notice of the change, using a Form 64 – Notice of appeal (UCPR), with the registrar of the Supreme Court.
You may change the grounds of the appeal to support your objection to the reassessment.
Last updated 18 December 2007
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