Commonwealth Consolidated Acts

ADMINISTRATIVE REVIEW TRIBUNAL ACT 2024 - SECT 177

  (1)   In hearing the appeal, the Federal Court may make findings of fact if:

  (a)   the findings of fact are not inconsistent with findings of fact made by the Tribunal (other than findings made by the Tribunal as the result of an error of law); and

  (b)   it appears to the Court that it is convenient to do so.

  (2)   In deciding whether it is convenient, the Court must have regard to:

  (a)   the extent (if any) to which it is necessary to make findings of fact; and

  (b)   the means by which those facts might be established; and

  (c)   the quick and efficient resolution of the whole of the matter; and

  (d)   the relative expense and delay (if any) to the parties if the Court, rather than the Tribunal, makes the findings of fact; and

  (e)   whether any of the parties considers that it is appropriate for the Court, rather than the Tribunal, to make the findings of fact; and

  (f)   any other matters that the Court considers relevant.

  (3)   For the purposes of this section, the Court may:

  (a)   have regard to the evidence given in the proceeding in the Tribunal; and

  (b)   receive further evidence.