Appeals can be made to the Federal Court under section 46 of the Superannuation (Resolution of Complaints) Act 1993. An appeal must be lodged no later than the 28th day after the day on which the Tribunal's determination is received.

Appeals to the Federal Court do not stop the requirement for the decision to be implemented, unless the Court makes an order stopping the operation of the Tribunal's decision.

If another party lodges an appeal, the Federal Court will notify you as a ‘Respondent'. The Tribunal will generally not appear at the Court and is unable to provide advice to you.

If the Complainant in the Tribunal proceedings chooses not to defend an appeal against the Tribunal's determination that is favourable to him/her, the Federal Court will make a decision on the basis of the Complainant's Tribunal file, which the Tribunal is required to provide to the Court.

It is important to note: if a Complainant chooses to defend an appeal, the Federal Court has the power to award costs against him/her. If a Complainant does not defend an appeal, the Federal Court cannot order costs against him/her.