Appeals process
This page summarises information about appeal processes in the Family Law Courts.
What is an appeal?
In an appeal you ask the Full Court to set aside a decision made by a trial judge or Federal Circuit Court judge. An appeal is not a rehearing of the original dispute. Therefore, for your appeal to succeed you must convince the Full Court that the trial judge or Federal Circuit Court judge made an error.
A Notice of Appeal must be filed in the Regional Appeal Registry within 28 days of an order made by a judge or Federal Circuit Court judge. The appellant must pay a filing fee. Go to the Fees section of the website for more information.
Within 28 days of filing the Notice of Appeal, the appellant must file a draft index to the appeal books. If the index is not filed within this time, the appeal is taken to be abandoned.
After the draft index is filed, the appeal is listed for a procedural hearing when orders will be made as to the preparation of the appeal for hearing and for the filing of any necessary documents (including any appeal books).
Appeals are listed for hearing before the Full Court (three judges of the Family Court). The Chief Justice may however, direct that an appeal from a Federal Circuit Court judge be heard by a single judge.
Related Links
Family Court Brochure: Appeal Procedures - Full Court
Family Court Brochure: Appeal Procedures - Single Judge
Family Court Form: Application in an Appeal
Family Court Form: Notice of Appeal
Family Court Form: Affidavit