Response to an Application in an Appeal
This is a mandatory form.*
General Information
A Response to an Application in an Appeal is used by the respondent/s named in the Application in an Appeal who oppose the orders sought or are asking the Court to make other orders.
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 Response to an 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 it you must also make sufficient copies to serve each party and keep a copy for your own records.
Filing fee
Nil
What you file with this form
You must file an affidavit with this application.
Who you serve
Each other party to the case including the independent children's lawyer (if any).
How you serve this form
By ordinary service. The Service Kit provides instructions on how to do this.
More information
Refer to Chapter 22 of the Family Law Rules 2004.
The brochures Appeal Procedure - Full Court and Appeal Procedures - Single Judge provide more detailed information.
In completing a Court form, you must*
Complete the form by on a computer or hand printed in ink.
* For further information or to get paper copies of this document sent to you, call 1300 352 000, or visit a family law registry near you.