Stark and Sherman and Anor (SSAT Appeal)

The Administrative Appeals Tribunal (AAT) considered an appeal by Stark and Sherman against a decision of the Social Security Appeals Tribunal (SSAT). The precise nature of the dispute before the SSAT is not detailed, but the AAT's decision indicates it involved an application for a costs order and a remittal of the substantive matter.

The primary legal issues before the AAT were whether to allow the appeal against the SSAT's decision, the procedure for dealing with an application for costs, and whether the matter should be remitted back to the SSAT for further determination. The AAT was required to consider the appropriate steps for a party seeking costs and the conditions under which a matter should be sent back to the original tribunal.

Judge Scarlett allowed the appeal against the SSAT's decision. The AAT established a clear process for the costs application, requiring the appellant to file their application with supporting affidavit and submissions within 28 days, followed by the second respondent's response within a further 28 days. The AAT specified that any costs application would be determined on the papers. Crucially, the AAT remitted the matter to the SSAT for determination according to law, indicating that the original SSAT decision was flawed or incomplete in a way that necessitated reconsideration by that tribunal.