Appeals

powered by CoolJargon
 

A legal appeal is a procedure for requesting a formal change to a legal decision. The Family Court has a dedicated appeals division. Your lawyer will be able to advise you if an appeal is available to you and the strength of your claim.

The Family Court has an Appeal Division, with judges appointed to this division.

No appeal against a decree of dissolution of marriage can be made after the decree has become absolute (s 93 FLA).

The following appeals are possible:

1 Appeals to the full court of the Family Court: section 94 provides a system of appeals from the exercise of original jurisdiction in either the Family Court or the state Supreme Court.

2 Appeals to the High Court are only available by special leave of the High Court, or upon a certificate of the full court of the Family Court that an important question of law or of public interest is involved.

3 Appeals from the state Magistrates’ Court: a person aggrieved by a decree of a state Magistrates’ Court may, within the time that is prescribed, appeal to the Family Court or to the Supreme Court of the state or territory. Appeals from the state Magistrates’ Court to a Family Court are by way of a rehearing.

4 An appeal to the Family Court on a point of law is possible as of right from a final decision of the Federal Circuit Court.

Procedure

1 Appeals from a single judge of the Family Court to the full court of the Family Court (chapter 22 of the Family Law Rules): notices of appeal must be filed within one month of the decree appealed against.

2 Appeals from the state Magistrates’ Court (chapter 22 of the Family Law Rules): a notice of appeal must be filed within one month of the decree appealed against.