Appealing the determination
Any parties to the complaint have the right to appeal the Tribunal's determination. Such appeals are limited to questions of law.
Any appeals must 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 or on such later date as the Federal Court allows.
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, you should receive a notification as a ‘Respondent'. The Tribunal will generally not appear at the Court and is unable to provide advice to you.
If you choose not to defend an appeal against the Tribunal's determination that is favourable to you, the Federal Court will make a decision on the basis of the Tribunal's file, which the Tribunal is required to provide to the Court.
It is important to note: if you choose to defend an appeal, the Federal Court has the power to award costs against you. If you do not defend an appeal, the Federal Court cannot order costs against you.