The Federal Circuit Court can hear: 

  • an appeal from a decision of the Administrative Appeals Tribunal (AAT) in a child support first review, and
  • an appeal from a decision of the Child Support Registrar to issue a departure prohibition order.

A party to a proceeding before the AAT may appeal to the Court against a decision of the AAT on a question of law*. The AAT may also refer a question of law arising from the proceedings to the Court. 

* Question of law – an issue arising from a case about how the law was applied or not applied to the facts of a case or about whether the process was legally adequate.

A delegate of the Child Support Registrar may make an order, known as a departure prohibition order, stopping a person from leaving Australia. A person aggrieved by the making of a departure prohibition order may appeal to the Court against the making of the order.

Filing an appeal with the Court

To appeal a decision made by the AAT, a person (the appellant) must file a Notice of Appeal (Child Support) form. The appellant must file this form in a General Federal Law registry; as these appeals can only be heard by the Federal Circuit Court and the Federal Court. 

To appeal a decision made by Child Support Registrar to issue a departure prohibition order, the appellant must file a Notice of Appeal (Child Support) form. The appellant must file this form in a Federal Court registry; as these appeals can only be heard by the Federal Circuit Court and the Federal Court.

Forms

The form Notice of Appeal (Child Support) is approved for an appeal against a decision of the Administrative Appeals Tribunal (AAT) in a child support first review, or a decision of the Child Support Registrar (CSR) to issue a departure prohibition order.

Brochure

The brochure Child Support Applications has been prepared and approved by the Chief Judge. The brochure must be served on the respondent to an application or appeal.

Specialist panel

A specialist panel can hear:

  • appeals from the Administrative Appeals Tribunal (Social Services and Child Support Division)
  • appeals from the Child Support Registrar
  • appeals from the Administrative Appeals Tribunal with respect to child support transferred from the Federal Court of Australia, and
  • international child support and child maintenance cases.

For more information about the specialist panel visit the Specialist Panels in General Federal Law page.