This form is used to lodge an Appeal.
An Appeal is a review of an interim or final decision of a judge 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. It is likely that a costs order will be made for the applicant to pay some or all of the other party's costs.
Filing with the Court
This type of application must be filed with the National Appeals Registry via the Appeals registry where the matter is being heard, preferable via email (but can be submitted by post). Each appeals registry has a generic email address:
- Brisbane (appeals from Queensland, the NT and Lismore) - northernappeals@fcfcoa.gov.au
- Sydney (appeals from NSW (except Lismore) and the ACT) - easternappeals@fcfcoa.gov.au
- Melbourne (appeals from Victoria, Tasmania and SA) - southernappeals@fcfcoa.gov.au
- Perth (appeals from the Family Court of Western Australia) - Appeals.FamilyCourt@justice.wa.gov.au
While this type of application cannot be eFiled on the Commonwealth Courts Portal and must be filed at a Court registry, any orders made will be available on the Portal. After you have filed the application you can register on the portal. For more information see, How do I register for the Commonwealth Courts Portal?.
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.
