How to Appeal an ACAT Decision: The 28-Day Deadline and Your Options

You've been through the ACAT hearing and the decision went against you — or partly against you. The member got a fact wrong, applied the wrong legal test, or ignored key evidence. You have 28 calendar days from the date of the decision to lodge an appeal. Miss that window and the decision stands.

ACAT Appeal Tribunal

The first appeal route is internal. Under section 86 of the ACT Civil and Administrative Tribunal Act 2008, you can appeal to the ACAT Appeal Tribunal within 28 days of the original decision.

The Appeal Tribunal reviews whether the original member made an error of law (applied the wrong legal rule) or a clearly wrong factual finding (ignored evidence, misinterpreted a document, made a decision no reasonable member could have reached on the evidence).

An appeal is not a re-hearing. The Appeal Tribunal doesn't start from scratch — it reviews the original decision, the evidence that was before the original member, and the written reasons. You're arguing the decision was wrong, not re-running the case.

There's a filing fee for the appeal, and you'll need to clearly identify the specific error in the original decision. "I disagree with the outcome" isn't grounds for appeal. "The member applied a consumer guarantee test to a private sale where no consumer guarantee exists" is.

ACT Supreme Court

If the ACAT Appeal Tribunal upholds the original decision and you still believe there's a legal error, the next step is the ACT Supreme Court. But Supreme Court review of ACAT decisions is narrow — strictly on questions of law or matters of public importance, and you need formal leave from the court to bring the appeal.

This route is expensive and time-consuming. For civil disputes under $25,000, the cost of Supreme Court proceedings will often exceed the amount in dispute. It's a realistic option only where the legal principle at stake has broader significance.

The Slip Rule: Correcting Mistakes Without an Appeal

Not every unfavourable outcome requires an appeal. If the order contains a clerical mistake, typographical error, or arithmetic miscalculation (the member wrote $5,000 when the evidence clearly showed $8,000, or misspelled a party's name), you can ask ACAT to correct it under the "slip rule." This is an administrative correction, not a substantive review — file a written application pointing out the specific error.

Re-Opening an Order Made in Your Absence

If an order was made against you because you didn't attend the hearing (you never received the notice, or had a genuine emergency), you can apply to have the order set aside. You'll need to file an application with an affidavit explaining your reasonable excuse for non-attendance and showing you have an arguable defence to the claim.

Does an Appeal Stop Enforcement?

No. Filing an appeal does not automatically stay the original ACAT order. The respondent can still enforce the order while your appeal is pending — garnishee wages, seize assets, the full enforcement toolkit through the Magistrates Court.

If you need enforcement paused while the appeal runs, you must file a separate interlocutory application requesting a formal stay of proceedings. The original order remains enforceable unless ACAT grants a stay.

The ACAT civil dispute guide covers the full lifecycle from filing through to appeals and enforcement, including deadline tracking for the 28-day appeal window.

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