Notice of Appeal
This is a mandatory form.*
The Notice of Appeal is used by a party to appeal against an order or to apply for leave to appeal against an order.
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.
The Notice of Appeal is used for the following appeals:
- an appeal to the Full Court from a decision of a judge or judges of the Family Court of Australia, a Family Court of a state or a Supreme Court of a state or territory;
- an appeal to the Family Court from a decision of a Federal Circuit Court judge (whether heard by the Full Court or a single judge);
- an appeal from a decision of a court of summary jurisdiction.
The form is not used for:
- an appeal from an assessment or decision under the Assessment Act or the Registration Act that was not made by a court. For these appeals, use the form Initiating Application; or
- a review of a decision of a registrar to a judge of a Family Court. For these appeals, use the form Application in a Case.
eFiling - Initiating applications can now be electronically filed through the Commonwealth Courts Portal (www.comcourts.gov.au). For more information see the Commonwealth Courts Portal User Guide.
A person needs the court's leave to appeal from:
- an interlocutory order, other than an interlocutory order relating to a child welfare matter, of the Family Court or the Federal Circuit Court (see subsections 94AA (1) and (2A) of the Act and regulation 15A of the Regulations); or
- an order made by a court under section 102, 102A or 105 of the Assessment Act or section 107, 107A or 110 of the Registration Act.
When to file
A Notice of Appeal must be filed within 28 days after the date the order appealed from was made.
Where to file
If the appeal/application for leave to appeal is from an order of a court of summary jurisdiction, the Notice of Appeal must be filed at the Family Court registry closest to that court of summary jurisdiction. For all other appeals/applications for leave to appeal this Notice of Appeal must be filed at a regional appeals registry (call 1300 352 000 for details).
Number of copies of the form for filing, service and yourself
The completed and signed original of the form is filed at the court. Before you file it you must also make sufficient copies to serve each party and keep a copy for your own records.
For information on the fees payable in the Family Law Courts, view the Court Fees brochure under the Fees section of this website.
What you file with this form
A copy of the orders you are appealing.
Who you serve
Each other party to the case including the independent children's lawyer (if any).
If an appeal is from an order of a court other than a Family Court, you must give a copy of the Notice of Appeal to the registrar of that court within 14 days of filing the form.
How you serve this form
By ordinary service. The Service Kit provides instructions on how to do this.
What happens next?
Draft index to appeal books
The party who has filed the Notice of Appeal (the appellant) must file a draft index to appeal books within 28 days of filing the Notice of Appeal. If the draft index is not filed within this time the appeal is taken to be abandoned.
What is filed in response
There is no form to respond to a Notice of Appeal. If the other party wishes to appeal against any of the orders identified in Part D of the Notice of Appeal, they must file a Notice of Appeal endorsed as a cross-appeal within 14 days of receipt of this Notice of Appeal or within 28 days after the date the order appealed from was made, whichever is the later however the other party may file a cross appeal by using a Notice of Appeal.
Refer to Chapter 22 of the Family Law Rules 2004.
The brochures Appeals procedure - Full Court and Appeals procedures - Single Judge provide more detailed information.
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In completing a Court form, you must*
Complete the form by on a computer or hand printed in ink.