Document ID: chunk:federal_register_of_legislation:F2023C00085:reg:119:p13
Version: federal_register_of_legislation:F2023C00085
Segment Type: reg
Provision Reference: reg 119 (pt 13/23)
Character Range: 196616–199250

an extension of time must be accompanied by:
 (a) an affidavit stating:
 (i) briefly, but specifically, the facts on which the application relies; and
 (ii) why the application was not filed within time; and
 (b) a draft application that complies with rule 27.02.

27.04  Documents to be filed and served
 (1) An applicant must, at the time of filing an application or as soon as practicable thereafter, file the following documents if they are in the applicant's possession:
 (a) a statement of the terms of the decision that is the subject of the application;
 (b) a statement with respect to the decision:
 (i) given to the applicant under section 13 of the AD(JR) Act or section 28 of the AAT Act; or
 (ii) given by or on behalf of the person who made the decision, purporting to set out findings of facts, or a reference to the evidence or other material on which those findings were based or the reasons for making the decision.
 (2) A copy of each document must be served, within 5 days after filing, on each other party.
Note: For AAT Act, see rule 1.05.

27.05  Service
  A party to an application may apply to the Court for an order that:
 (a) the application be served on the Attorney‑General; or
 (b) the application be served on a specified person or class of persons in a specified manner.

27.06  Notice of objection to competency
 (1) A respondent who objects to the competency of an application must, within 14 days after being served with the application, file a notice of objection to competency, in accordance with the approved form, that briefly, but specifically, states the grounds of the objection.
 (2) The applicant carries the burden of establishing the competency of an application.
 (3) A respondent may apply to the Court for the question of competency to be heard and determined before the application is heard.
 (4) If a respondent has not filed a notice under subrule (1), and the application is dismissed by the Court as incompetent, the respondent is not entitled to any costs of the application.
 (5) If the Court decides that an application is not competent, the application is dismissed.

Part 28—Administrative Appeals Tribunal
Note 1: See Part 29 in relation to jurisdiction under section 476 of the Migration Act 1958.
Note 2: In relation to appeals under section 44AAA of the AAT Act, see rule 1.13 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021, as applied by the Federal Circuit and Family Court of Australia (Division 2) (Family Law) Rules 2021.

28.01  Definitions for Part 28
  In this Part:
without notice means without serving or advising another party or