Commonwealth Consolidated Acts

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Appeals to the Federal Court from determination of superannuation complaint

             (1)  A party to a superannuation complaint may appeal to the Federal Court, on a question of law, from AFCA's determination of the complaint.

             (2)  An appeal by a person under subsection (1) is to be instituted:

                     (a)  not later than the 28th day after the day on which a copy of the determination of AFCA is given to the person, or within such further period as the Federal Court (whether before or after the end of that day) allows; and

                     (b)  in accordance with rules of court made under the Federal Court of Australia Act 1976 .

             (3)  The Federal Court is to hear and determine the appeal and may make such order as it thinks appropriate.

             (4)  Without limiting subsection (3), the orders that may be made by the Federal Court on an appeal include:

                     (a)  an order affirming or setting aside the determination of AFCA; and

                     (b)  an order remitting the matter to be determined again by AFCA in accordance with the directions of the Court.

             (5)  The Federal Court must not make an order awarding costs against a complainant if the complainant does not defend an appeal instituted by another party to the complaint.

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