9.2.4 Federal and High Courts | Compensation and Support Reference Library, Overpayment Management Manual, Ch 9 Client's Right of Review, 9.2 Service Pension and Income Support Supplement Reviews

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9.2.4 Federal and High Courts

9.2.4.1Both parties to an AAT appeal have a further right of appeal to the Federal Court and, by leave, to the High Court. However, these rights exist only in relation to questions of law.

9.2.4.2In other words, the AAT has the final decision on questions of fact but its interpretation or application of the law can be challenged in the Federal Court. Decisions of the Federal Court and the High Court are binding on the Department and the AAT.

9.2.4.3Recovery action is to proceed even where an appeal to the courts has been lodged, unless the court issues a stay order at the request of the debtor. This also applies to the imposition and recovery of any penalty interest and administrative charge incurred.