Appeals process
This page summarises information about appeal processes in the Family Law Courts.
What is an appeal?
In an appeal you ask a higher court to set aside a decision made by a judicial officer. An appeal is not a rehearing of the original dispute. Therefore, for your appeal to succeed you must convince the Full Court of the Family Court that the trial judge or federal magistrate was wrong as a matter of law.
Appeals against orders made by a Federal Magistrate are dealt with in the Family Court.
What are the time limits for filing an appeal?
An appeal must be filed within 28 days of the order being made. If the 28 days have passed, you may apply for a time extension by filing a Family Court – Application in a Case and a supporting affidavit in the regional appeal registry.
Where should appeal documents be filed?
Appeal documents should be filed in the appropriate regional appeal registry. The regional appeal registries are located at the Brisbane, Sydney, Melbourne and Perth registries of the Family Law Courts as follows:
| Appeals against orders made in | Regional Appeal Registry |
| Brisbane, Darwin or Townsville | Brisbane Registry |
| Canberra, Newcastle, Parramatta or Sydney | Sydney Registry |
| Adelaide, Dandenong, Hobart, Launceston or Melbourne | Melbourne Registry |
| Perth | Perth Registry, Family Court of Western Australia |
What documents should be filed?
You should file a Notice of Appeal to start an appeal against:
- an interim or final parenting order
- a final property order, or
- a cost order.
Attach a copy of the order being appealed to the Notice.
The filing fee is $787. It must be paid, unless the appellant is entitled to an exemption or the filing fee is waived.
Permission or leave to appeal is required for appeals about:
- an interim property or financial order, or
- a child support order.
You request permission or leave to appeal by filing an Application in a Case and a supporting affidavit. Annex (attach) the following documents to the supporting affidavit:
- a copy of the order to be appealed
- reasons for judgment (if available), and
- a copy of the proposed Notice of Appeal.
There is no filing fee when you file the request but if permission is given to appeal, a filing fee will be required.
What happens after an appeal or application for permission to appeal is filed?
Appeals against Family Court judgments
Appeals or applications for permission to appeal against orders made by judges of the Family Court will be heard by the Full Court of the Family Court. The Full Court is made up of three judges, at least two of whom are judges of the Appeal Division of the Family Court.
To prepare for the appeal hearing, the appeal will be listed for a procedural hearing, at which directions will be made on how the appeal will be conducted. This includes giving directions on preparing the appeal books and any further documents which need to be filed before the appeal hearing.
The appellant must arrange to have copies of all documents served on the respondent and any other parties to the appeal, including any independent children’s lawyer.
Appeals against Federal Magistrates Court judgments
When appeals or applications for permission to appeal against decisions made by federal magistrates are filed, the Chief Justice of the Family Court decides whether the jurisdiction of the Appeal Court is to be exercised by either a single judge or three judges of the Full Court of the Family Court.
If the appeal is to be heard by the Full Court, the same procedure is followed as for an appeal against a decision of a judge of the Family Court.
If, as is the usual case, the appeal is to be heard by a single judge, the appeal will be listed for a procedural hearing before that judge. At the procedural hearing, the judge will allocate a hearing date and make directions for the hearing of the appeal.
When will the appeal be heard?
Appeals or applications for permission to appeal against decisions made by judges of the Family Court are usually heard within six months.
Appeals or applications for permission to appeal against decisions made by federal magistrates are usually heard within three months.
An appeal does not stop the operation of the order being appealed. This means that both you and the other party must obey the orders even if you have filed an appeal. Any application for a ‘stay’ (to stop the effect) of the order pending a decision on the appeal should be filed in the original court and, if possible, listed before the judge or federal magistrate who made the order being appealed.
Where can you find more detailed information about appeals in the Courts?
The Family Law Rules and two Family Court brochures provide more detail:
- Chapter 22 of the Family Law Rules
- The brochure ‘Appeal procedures’ gives more detailed information about appeals from a decision made by a Family Court judge or by a federal magistrate when the Family Court’s jurisdiction is to be exercised by the Full Court
- The brochure ‘Appeal procedures – from decisions of Federal Magistrates’ gives more detailed information about appeals from decisions of federal magistrates when the Family Court’s jurisdiction is exercised by a single judge.
These brochures can be found at the Publications section of this website. If you need more information after reading these brochures, they have contact phone numbers.