Application in an Appeal
This is a mandatory form.*
A Notice of Appeal must be filed no later than 28 days after the day on which the order being appealed was made. The Application in an Appeal and a supporting affidavit is used to make any application in an appeal (including apply for an extension of time).
The purpose of an appeal is to correct an error, unfairness or wrongful exercise of judicial discretion. Appeals ensure public confidence in the administration of justice and, in appropriate cases, clarify and develop the law and help maintain a high standard of court orders.
You should seek legal advice.
Where to file
The Application in an Appeal and supporting affidavit must be filed in a regional appeal registry (contact 1300 352 000 for details).
Copies of the form
The completed and signed original of the form is filed at the Court. Before you file the form, you must also make sufficient copies to serve each party and a copy for your own records.
What you file with this form
You must file an affidavit with this application.
How you serve this form
By ordinary service. The Service Kit provides instructions on how to do this.
What is filed in response
A Response to an Application in an Appeal is used if the respondent named in the Application in an Appeal wishes to oppose the orders sought or asks the Court to make other orders.
Refer to Chapter 22 of the Family Law Rules 2004
The brochures Appeal Procedures - Full Court and Appeals Procedures - Single Judge provide more detailed information.
In completing a Court form, you must*
Complete the form by typing (eg. on a computer or typewriter) or hand printed in ink.