Applications MUST contain:
Applications are to be made using the prescribed form.
An original and 3 copies of an application must be filed with the Court together with the prescribed fee, at any of the following locations:
The Court will prepare a notice (Notice to Respondent) and send it to the respondent notifying them that an application has been lodged with the Court and advising them of their obligations pursuant to s21 of the Magistrates Court (Administrative Appeals Division) Act 2001. This notice together with a copy of the application will be posted to the respondent and a copy sent to the applicant.
The respondent, within 28 days after receiving the notice is to lodge a copy of any statement of reasons and a copy of every document or part of a document that is in their possession and they consider to be relevant to the determination. Upon receipt of these documents or after 28 days has passed, the Court will list the matter for a Preliminary Conference and notify the parties.
Both parties and their legal representatives (if they are represented) will need to attend the Preliminary Conference before a Magistrate. The application will not be heard on that date. The Magistrate will first ensure there is sufficient information in the documents lodged with the Court for the matter to proceed and will conduct proceedings pursuant to the Magistrates Court (Administrative Appeals Division) Act 2001 and the Magistrates Court (Civil Division) Rules 1998.
Each party may be required to produce to the other party documents to support information set out in their application and affidavit in response. You should ensure you have all those papers available by the Preliminary Conference date.
An application can only be made to the Magistrates Court (Administrative Appeals Division) if the relevant enactment says that it can [section 10(1) of the Act], AND all relevant review procedures have been completed under the relevant enactment [section 10(2) of the Act].
Information regarding the abovementioned Acts, Rules and Regulations can be found on the following website: www.thelaw.tas.gov.au