Superannuation (Resolution of Complaints) Act 1993 (Repealed)

PART 7 - APPEALS  

SECTION 46   APPEALS TO FEDERAL COURT OF AUSTRALIA FROM DETERMINATIONS OF THE TRIBUNAL  

46(1)   [Appeal on question of law]  

A party may appeal to the Federal Court, on a question of law, from the determination of the Tribunal.

46(2)   [Period for appeal]  

An appeal by a person under subsection (1) is to be instituted:

(a) not later than the 28th day after the day on which a copy of the determination of the Tribunal is given to the person or within such further period as the Federal Court (whether before or after the end of that day) allows; and

(b) in accordance with rules of court made under the Federal Court of Australia Act 1976 .

46(3)   [Hearing and determination]  

The Federal Court is to hear and determine the appeal and may make such order as it thinks appropriate.

46(4)   [Court orders]  

Without limiting by implication the generality of subsection (3), the orders that may be made by the Federal Court on an appeal include an order affirming or setting aside the determination of the Tribunal and an order remitting the matter to be determined again by the Tribunal in accordance with the directions of the Court.

46(5)   [Award of costs]  

The Federal Court must not make an order awarding costs against a complainant if the complainant does not defend an appeal instituted by another party to the complaint.