Appealing a legal decision
You can appeal certain legal decisions if you are unhappy with them. Some examples of such decisions include:
- the refusal to grant a firearm licence
- the issuing of a dog kennel licence
- an assessment of land value.
The type of things you can apply for include:
- a review of a reviewable decision
- an extension of time to make an application
- an application to suspend an order or stay proceedings.
The Administrative Appeals Court hears and determines these cases.
How to apply for an appeal
You must complete and submit the Appeals Application form (DOCX, 39.6 KB). You must fill out every section of this form for your application to be accepted.
You must also attach:
- a supporting affidavit
- any letter or notice you’ve received from the respondent (the other party) about the matter.
You must submit:
- the original plus 3 copies
- the required fee
Take your application to:
- Hobart: 23–25 Liverpool Street
- Launceston: 73-76 Charles Street
- Burnie: 38 Alexander Street
- Devonport: 8 Griffith Street
The process after lodgment
The court will send the respondent (the other party in the matter) a copy of your application, and a notice that:
- notifies them of your application
- advises them of their legal obligations (under section 21 of the Magistrates Court (Administrative Appeals Division) Act 2001)
You will also be sent a copy of this notice.
The respondent must lodge:
- a copy of any statement of reasons
- a copy of every document (or part of a document) that they have that they consider relevant to the determination.
They must do this within 28 days of receiving the court’s notice.
Once the court has received these (or after 28 days has passed), it will list the matter for a preliminary conference and notify you and the respondent.
At the preliminary conference
Both you, the respondent and (if you choose) your lawyer need to attend the preliminary conference before a Magistrate.
Your application won’t be heard here — instead, the Magistrate will make sure there is enough information in all the documents received to proceed.
You and the respondent might need to produce documents to support your application, so make sure you have these at the preliminary conference.