Federal Magistrates Court of Australia

Court Forms

Notice of Appeal - Child Support

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When is this form used?

This form is approved for use when seeking to appeal from a decision of the Social Security Appeals Tribunal (SSAT) or from a decision of the Child Support Registrar (CSR) to issue a departure prohibition order; both under the Child Support (Registration and Collection) Act 1988.

General information

The grounds of the appeal must explain briefly the basis on which the orders are sought.

You must annex a copy of the SSAT's decision or the CSR’s departure prohibition decision and the statement of reasons for that decision to the Notice of Appeal. The SSAT’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. See Subrule 25A.05(1) and (2). 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 SSAT within 28 days of receiving a written statement of reasons for the decision; see Subrule 25A.06(2). You can only appeal a decision of the SSAT on a question of law; 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 the respondent, a parent or eligible carer, and the Child Support Registrar. If you are appealing from a decision of the SSAT you must serve the Notice of Appeal (and other documents) on the SSAT within seven days of the day of filing the appeal. See Rule 25A.07.

You must serve on the respondent a brochure called Child Support Applications.

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