This form is used by the respondent/s named in the Application in an Appeal who wishes to oppose the orders sought or asks the Court to make other orders.
This form is filed by the Respondent in an appeal if they do not want to cross-appeal from any part of the order, but contend that the order should be affirmed on grounds other than those relied on by the Court appealed from.
Filing with the Court
The Notice of Contention should be filed 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.
Service
The Notice of Contention must be filed within 28 days after the Notice of Appeal was served on the Respondent and served on any other parties within 14 days of filing by ordinary service. For more information on service go to 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.
