Common language about appeals
Appealing is complex. You need to know certain legal language. The following terms are important ones to understand.
Appeal - a procedure which enables a person (usually a party to legal proceedings) to challenge the decision made by a court. Chapter 22 of the Family Law Rules sets out the procedure for appeals in the Family Court of Australia.
Appeal books - a securely fastened and indexed collection of all documents relevant to the appeal.
Appellant - a person who files an appeal (see respondent).
Full Court - three judges hearing an appeal together. Appeals from a decision of a Family Court judge are always heard by a Full Court. A Full Court may also, in some cases, hear an appeal from a federal magistrate. Judges who regularly sit on the Full Court are called judges of the Appeal Division.
List of authorities - the names of any reported cases which will be referred to in support of the appeal.
Permission (or leave) to appeal - in certain cases you need the Court’s permission before you can file an appeal.
Reasons for judgment - the reasons given by the trial judge for the orders that were made.
Respondent - the other party or parties in a case named by the appellant.
Regional appeal registry means:
- BRISBANE appeals from matters heard in Queensland and the Northern Territory
- SYDNEY appeals from matters heard in New South Wales and the Australian Capital Territory
- MELBOURNE appeals from matters heard in Victoria, Tasmania and South Australia
- PERTH appeals from matters heard in the Family Court of Western Australia.
Single judge - when an appeal is filed from a decision of a federal magistrate, the Chief Justice of the Family Court will decide whether the jurisdiction of the Appeal Court is to be exercised by a single judge or three judges of the Full Court of the Family Court. There is no right to appeal against this decision. Most appeals from decisions of federal magistrates are heard by a single judge of the Family Court.
Trial judge - the judge who heard the original proceedings.
Transcript - the record of the evidence in court proceedings.