Appealing administrative authority decisions
You can appeal to the Supreme Court against a decision by various administrative authorities.
There is a fee for filing a notice of appeal in the Supreme Court.
Below is a list of some of the appeals you can make to the Supreme Court and Court of Appeal. This is not a comprehensive list.
Appealing a decision by a QCAT judicial member
If a QCAT decision was made by a judicial member, you can’t appeal to QCAT’s Internal Appeal Tribunal.
However, you can appeal to the Court of Appeal. Read more on the QCAT website.
Appealing a decision by a non-judicial QCAT member
You can appeal a decision made by a non-judicial member to the Internal Appeal Tribunal in QCAT. Read more on the QCAT website.
Appealing to the Court of Appeal
If your application for permission to appeal a QCAT decision through the Internal Appeal Tribunal is refused, you have 28 days to appeal this rejection to the Court of Appeal.
The court will hear the appeal if you’re appealing on a question of law, and you’ve applied for and been granted permission to be heard by the Court of Appeal.
If you’re dissatisfied with a decision by the Internal Appeal Tribunal, you can appeal this decision only on a question of law. The Court of Appeal will review your application and decide whether to grant permission for your appeal to be heard.
A new hearing takes place to consider the original information and evidence presented. You may present new information and evidence only if you apply and your request is approved.
Appealing to a single judge of the Supreme Court
The appeals below should be made to a judge of the Supreme Court. They are known as single judge appeals.
If your appeal doesn’t involve a question of law, first seek the court’s permission by filing Form 69 - Application to court of appeal (DOC, 46KB) at the Supreme Court registry.
If your appeal concerns a question of law, start by filing Form 64 - Notice of appeal (DOC, 44KB) at the Supreme Court registry.
Appealing decisions of the Commissioner of State Revenue (CSR)
You may appeal a CSR decision on the taxpayer’s objection under the Taxation Administration Act 2001 either to the Supreme Court or by applying to QCAT for a review of the decision (see s. 69 of the Act).
You can’t appeal unless you’ve paid all the tax and any interest owing because of late payment.
File Form 64 - Notice of appeal (DOC, 44KB) within 60 days of receiving notice of the commissioner’s decision. Then give the CSR written notice of the appeal within 7 days of filing the notice. The Supreme Court can’t extend the time for filing the notice.
The notice of appeal must state the grounds of your appeal and the facts you rely on. Unless the court orders otherwise, the grounds must be limited to the grounds of your objection.
As the appellant, it’s your responsibility to prove the assessment was excessive.
Occasionally, the CSR may make a reassessment after you start an appeal against the assessment. If this occurs, you may:
- continue or withdraw the existing appeal
- change the grounds of the appeal by filing another Form 64 - Notice of appeal (DOC, 44KB) with the Supreme Court registry.
You may change the grounds of the appeal to support your objection to the reassessment.
Appealing sterilisation decisions under Guardianship and Administration Act
Under s. 80O of the Guardianship and Administration Act 2000, an active party may appeal a QCAT decision regarding sterilisation of a child with impairment to the Supreme Court. If your appeal doesn’t concern a question of law, you must seek the court’s permission.