Reference to the High Court
Taking a question of law from the Appellate Tribunal's order to the High Court.
When this applies
A question of law arises from the Appellate Tribunal's order.
Time limits, fees and sections
| Item | Rule | Section |
|---|---|---|
| Time limit | 90 days | s.133(1) |
| From | Communication of the Tribunal's order | s.133(1) |
| Bench | At least two judges | s.133(4) |
Step-by-step procedure
The section of law behind each step is shown beside it.
- 1Frame the question of laws.133(2)
Facts, the Tribunal's finding and the legal question.
- 2File the applications.133(1)
Prescribed form with a statement of the case.
- 3Admissions.133(3)
The Court decides whether a question of law arises.
- 4Hearing and judgments.133(5)
The Tribunal's order stands modified by the judgment.
Documents to prepare
- Tribunal order
- Statement of the case
- Orders of lower forums
Practical tips
- Only questions of law go to the High Court, not facts