Seeking legal advice
You should seek legal advice about your matter as soon as possible. A lawyer can help you understand your legal rights and responsibilities. They can also explain how the law applies to your case. Administrative law can be complex and it is important to obtain independent legal advice in relation to your situation.
A community legal centre or legal aid may be able to assist you with advice.
Decisions under Administrative Decisions (Judicial Review) Act
Under the Administrative Decisions (Judicial Review) Act 1977, the Federal Circuit and Family Court of Australia (Division 2) (the Court) can review a decision made by a person exercising a ‘public function’ on any one or more of the following grounds:
- that a breach of the rules of natural justice occurred in connection with the making of the decision
- that procedures that were required by law to be observed in connection with the making of the decision were not observed
- that the person who purported to make the decision did not have jurisdiction to make the decision
- that the decision was not authorised by the enactment in pursuance of which it was purported to be made
- that the making of the decision was an improper exercise of the power conferred by the enactment in pursuance of which it was purported to be made
- that the decision involved an error of law, whether or not the error appears on the record of the decision
- that the decision was induced or affected by fraud
- that there was no evidence or other material to justify the making of the decision
- that the decision was otherwise contrary to law.
Appeals from the Administrative Review Tribunal
The Federal Court may, on your application or on its own initiative, transfer to the Court any proceeding that is an appeal from the Administrative Review Tribunal (ART). The Court will then have power to make orders in the case even if it would not otherwise have jurisdiction (section 179(4) of the Administrative Review Tribunal Act 2024) (Cth)).
The Federal Court may transfer to the Court an appeal from a decision by a member of the ART: see section 179 of the Administrative Review Tribunal Act 2024 (Cth).
For a review of a decision of the ART in relation to migration proceedings, refer to Migration law.
I want to apply under the Administrative Decisions (Judicial Review) Act
You will need to file:
- an Originating Application – Judicial Review under the Administrative Decisions (Judicial Review) Act 1977, and
- an Affidavit - General federal law and migration or statement of claim or points of claim (see subrule 8), and
- a copy of the decision you are seeking to have reviewed, and
- any statement of reasons given with the decision.
You must file your application within 28 days from notification of the decision or of the reasons for the decision (whichever is the later). If you are out of time and want to apply for an extension of time within which to apply, you must also file:
- an Application for an extension of time, and
- an Affidavit - General federal law and migration stating:
- the facts on which the application relies, and
- why the application was not filed within time.
What do I have to pay to start a proceeding?
You will need to pay a filing fee when you file the application.
In some circumstances, you may be exempted from paying court fees, for example, if you are a concession holder. You will need to apply for the exemption, using the Application form for Application for Exemption from Paying Court Fees – General. You can also apply for an exemption if paying court fees would cause you financial hardship, using the Application for exemption from paying Court fees or reduction - financial hardship (general federal law).
For the current fees and more information about applying for a fee exemption see Fees.
The filing fee is separate from legal fees you may need to pay your lawyer if you decide to use one for your matter.
Filing with the Court
Wherever possible, you must file court documents online using eLodgment. You may also eLodge documents regarding a proceeding including draft orders, consent orders, and case management correspondence.
See the Federal Court website for information on how to use eLodgment.
If it is not possible to file using eLodgment, you may be able to file your documents in person, by mail, or in certain circumstances by fax or email. Contact the Court if you are not sure how to file the documents.
How do I notify the respondent?
Within 5 days after filing your application, you must serve a copy of each document on each other party. That means you must make sure that the other party receives the filed documents. At the hearing, the judicial officer will often ask for evidence that you have served the documents.
You can serve the documents by delivering them in person. If the respondent is an organisation, corporation or partnership you may be able to send the documents by registered or express post to their registered office (see Division 10.1 of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2025).
If you cannot serve the documents in person or the documents sent by post cannot be delivered, you can apply to the Court for an order that you may serve the documents in a different way, for example, by email. This is known as ‘substituted service’. You make that application by filing an Interlocutory Application with an accompanying Affidavit – General federal law and migration explaining why you want to serve the application in a different way. The Court will then consider whether to make an order for substituted service. If an order is made, you will need to serve the documents as set out in the order.
After the documents have been served, you will need to complete an Affidavit of service, which you should file using eLodgment. The affidavit of service must be sworn or affirmed in front of a person authorised by law to witness the swearing of affidavits, such as a lawyer or Justice of the Peace. You should have a copy of the filed affidavit of service with you at your court hearing.
The respondent may choose to file a response before the first court date. If the respondent files a response, it must be filed and served within 28 days after the application was received.
Interlocutory Application
If you want to make an interlocutory application in the proceeding before final orders have been made, you should file an Interlocutory Application. The application must be supported by an Affidavit – General federal law and migration unless the evidence relied on is already before the Court in an affidavit. The interlocutory application and supporting affidavit must be served on all persons against whom the order is sought.
My appeal from the ART has been transferred to the Court
An appeal from a decision of the ART does not affect the operation of the decision or prevent action being taken to implement the decision.
If you want the decision to be stayed until the appeal is decided, you will need to file an Interlocutory Application seeking an order that stays the ART decision.
