How to appeal a SAT decision in Western Australia
An appeal from the WA State Administrative Tribunal goes to the Court of Appeal (Supreme Court of Western Australia) on a question of law, with leave, under section 105 of the State Administrative Tribunal Act 2004 (WA). You must apply for leave and file the appeal within 28 days of the SAT decision. Appeals are not a full re-hearing.
The framework
The appeal right is set out in section 105 of the State Administrative Tribunal Act 2004 (WA). Order 65 of the Supreme Court Rules 1971 (WA) and the Supreme Court Practice Directions apply to appeals from SAT.
The process
Identify that the order is appealable
Section 105 applies to a decision of the Tribunal. Interim and procedural rulings usually require a different pathway (such as an internal review under section 104). Confirm the order disposes of the matter.
Request written reasons
If only an oral decision was given, request written reasons under section 76 of the SAT Act 2004 (WA) within 28 days of the order. The appeal time limit runs from the written reasons.
Consider internal review first
Some SAT decisions can be internally reviewed by a more senior member under section 104 of the SAT Act 2004 (WA). Internal review can be faster and cheaper than a Court of Appeal case. Check whether it is available.
Frame the question of law
Appeals lie only on a question of law — misinterpretation of legislation, applying the wrong legal test, denying procedural fairness, or making a finding with no evidence. List each ground precisely.
Apply for leave to appeal
Leave of the Court of Appeal is required. The application is included in the notice of appeal under Order 65. You must show the point is reasonably arguable and has sufficient significance.
File the notice of appeal
File the notice of appeal in the Court of Appeal Registry within 28 days of the SAT reasons. Include the grounds, the order sought, and the leave application. Pay the filing fee or apply for a waiver.
Serve the notice and give SAT notice
Serve the notice of appeal on the other party and provide a copy to the State Administrative Tribunal. The Tribunal may provide a report if requested by the Court.
Appeal book and submissions
Prepare an appeal book with the SAT order, reasons, transcript, and key exhibits. File chronological written submissions and a list of authorities in accordance with Court of Appeal practice directions.
Hearing before the Court of Appeal
The appeal is usually heard by a bench of two or three judges. Hearings are typically half a day. Fresh evidence is rare and requires a special application.
Judgment, costs, and further appeal
The Court may affirm, set aside, or vary the SAT decision, or remit it for rehearing. Costs usually follow the event. A further appeal to the High Court requires special leave.
Common mistakes
- Missing the 28-day window from written reasons
- Skipping an available internal review under section 104
- Framing grounds as factual dispute rather than legal error
- Not including the leave application in the notice of appeal
- Filing without the required appeal book and authorities bundle
Get this process right with Quillio
Quillio can help review the SAT reasons, isolate questions of law, and draft grounds of appeal and written submissions. See /practice-areas/administrative-law or start a free trial.
This guide is general information, not legal advice. Appeals from SAT are technical — obtain advice from a WA lawyer or contact Legal Aid WA or the Citizens Advice Bureau.
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