This form is used to lodge an Appeal.
An Appeal is a review of an interim or final decision of a judge or magistrate and is not a rehearing of the original dispute. For an appeal to succeed the Court must be convinced that the judicial officer made an error of law and whether the law was applied correctly in the decision.
Before you file an Appeal you must read Family law: Appeals which has information about:
- Filing an appeal
- Fees
- Service
- How filing an appeal does not stop an order
- Legal advice
If an appeal is successful the Court may make a different order to the one made by the judicial officer or order a retrial.
If an appeal is unsuccessful the application will be dismissed. A costs order might be made against an unsuccessful applicant, to pay some or all of the other party's costs.
Filing with the Court
You should file this form electronically on the Commonwealth Courts Portal. If for some reason you cannot eFile, you can file by attending or posting to the relevant regional appeal registry:
- Brisbane (appeals from Queensland, the NT and Lismore)
- Sydney (appeals from NSW (except Lismore) and the ACT)
- Melbourne (appeals from Victoria, Tasmania and SA)
- Perth (appeals from the Family Court of Western Australia and the Magistrates Court of Western Australia)
If you are appealing from the Family Court of Western Australia, or the Magistrates Court of Western Australia, you will need to register on the Commonwealth Courts Portal. For more information see, How do I register for the Commonwealth Courts Portal?.
Note: As of 9 December 2024 the National Appeal Registry no longer accepts appeal documents via email, unless approved by order of the court, or to accommodate accessibility requirements.
TIP: If you are not registered on the Commonwealth Courts Portal or are registered but do not have access to your file electronically, please complete the enquiry form for divorce or other family law.
In the form, you need to select:
- I am making an enquiry about myself
- Commonwealth Courts Portal support and registration
- I am registered for the Commonwealth Courts Portal but can't see my file
Then provide your full name, email address, date of birth and the full name of the other party so we can verify your identity.
You should also provide your telephone number in case we need to contact you, and your Commonwealth Courts Portal username if you know it.
At Step 3 please provide your file number, if known, and ask for your client number.
Service
You must serve the Notice of Appeal on the respondent and all other parties to the proceedings, including any Independent Children’s Lawyer, within 14 days. For more information see, Family law: Appeals and How do I serve family law documents?.
Legal advice
To understand your legal rights and responsibilities you should obtain legal advice. A lawyer can explain how the law applies to your case and assist you to complete forms and lodge documents. The Court is unable to provide legal advice because to do so would seriously compromise its ability to impartially determine your case. There are several free services available. See Find a lawyer for more information.
