4.2 | How do I challenge an IFR decision?
Which route to take
Decisions of the IFR can be challenged. Two available routes to challenge a decision covered in this section are: (1) through a request for an internal review by the IFR itself and (2) by appeal to the Competition Appeal Tribunal (CAT).
The two routes are very different in scope, nature and timing. Internal reviews are intended to be a quicker and less costly alternative to appeals to the CAT, and will be the primary route of challenge for most IFR decisions. Appeals to the CAT are permitted but, except in connection with the most punitive decisions, require an internal review to be requested as a precondition.
Route
1
Reviewable decisions
The primary route of challenge is likely to be through a request for an internal review. An internal review will be carried out by different individuals, effectively an appeals body, within the IFR, either a committee of the Expert Panel, or the Board of the IFR (depending on the decision). The Expert Panel is appointed by the IFR's CEO and consists of individuals with a range of appropriate skills, knowledge, and experience to make decisions of technical judgement. These individuals are separate to the Board, and the Expert Panel will exercise its functions independently of the Board. Some more significant enforcement decisions cannot be delegated to the Expert Panel and can only be made by a committee of the IFR’s Board, such as the decision to suspend or revoke an operating licence. The review can uphold, vary or cancel the original decision, and the outcome of a review must be published.
Which decisions are reviewable?
All important decisions that the IFR is expected to take can be the subject of an internal review. Schedule 10 of the FGA contains a full list of decisions in relation to which an internal review can be requested.
Who can request an internal review?
The right to request an internal review is limited to a “concerned persons”, which means those who appear to the IFR to be directly affected by the decision that they seek to review.
Who can request an internal review?
What is the procedure and timelines? Internal reviews are intended to be a quicker and less costly alternative to litigation, with a procedure that can be expected to be tailored as needed to the circumstances of the situation:
- A request must be made within 7 days of the notification of the reviewable decision.
- As soon as reasonably practicable, the IFR has to decide whether to carry out the requested review. The IFR can refuse to carry out an internal review, but may only do so in limited circumstances.
- If the IFR agrees to carry out an internal review, it must give its decision and reasons for that decision within 28 days, with provision for a 14-day extension if needed.
The reviewer has discretion to determine the nature and extent of the review, but they must have regard to representations by the concerned person. In late 2025, the IFR closed its consultation on the internal review process, including appropriate procedural mechanisms, and the outcome of that consultation is awaited.
If a review is requested, but the IFR decides not to carry out a review, or the time period expires before a decision is provided, it is treated as a deemed decision of the internal review to uphold the original decision.
Route
2
Appeals to the CAT
Some decisions can be appealed to the CAT, but the ability to bring appeals is very narrow. In most cases an internal review must have been requested and concluded before an appeal can be brought.
Which decisions can be appealed?
There are two categories of decisions that can be appealed. The ability to appeal and the nature of the appeal depends on the category of decision:
- “Special category” decisions, including certain decisions to revoke and suspend operating licences, disqualification decisions, and deemed determinations as to suitability of owners and officers. These appeals:
o can be made against the original decision of the IFR, without the need to request an internal review first; and
o are judged on the merits, meaning the conclusion of the original decision-maker can be challenged.
- “Other category” decisions. This covers all other internal review decisions. These appeals:
o can only be made against the decision or deemed decision of an internal review, not against the original decision of the IFR (if no internal review is requested, no appeal to the CAT can be made against the original decision by anyone); and
o are judged on the judicial review standard, which is narrow and primarily confined to whether the process of making the decision was fair and appropriate, rather than whether the decision was correct.
A party cannot appeal to the CAT where an internal review has been requested but has not yet been completed (or deemed completed).
Who can bring an appeal?
There is broader standing to bring an appeal to the CAT than to request an internal review. Appeals can be brought by a concerned person as defined above, but also by “any person with sufficient interest”.
What is the procedure and timings?
Appeals against IFR decisions are governed by the Competition Appeal Tribunal Rules 2015, which state that an appeal must be lodged within 21 days.
Key takeaways
Route
1
Requests for internal review
- Most IFR decisions can be challenged by requesting an internal review.
- Standing to request an internal review is narrow, limited to those directly affected by a decision.
- The nature of the review and procedure is flexible, and expected to be able to be tailored to the circumstances of the decision in question.
- Intended to be a quicker and less costly alternative to litigation. A request for review must be made within 7 days of the original decision, and a decision must be given within 28-42 days of commencing the review.
Route
2
Appeals to the CAT
- Most decisions can be appealed to the CAT only if an internal review has been requested (and concluded).
- A small number of decisions can be appealed to the CAT immediately, reserved only for the most punitive decisions.
- Standing to bring an appeal is broader than to request an internal review, including those directly affected or who have a “sufficient interest”.
- The nature of the appeal will determine on the decision being appealed. Most appeals are on the narrow “judicial review” standard. Only appeals against the most punitive decisions are on the merits.
- Appeals are a form of litigation, governed by strict procedural rules. They will be slower, more costly and more time-consuming than seeking an internal review.