Published: 09 December, 2024

Practice and procedure update: Family law appeals eFiling, Appeals Practice Direction update

Family law appeals – eFiling

The Federal Circuit and Family Court of Australia (Division 1) (the Court) is pleased to announce that the Commonwealth Courts Portal has been updated to permit the eFiling of documents in its appellate jurisdiction. New options are available on the portal:

Image showing a drop down menu where you can now select Notice of appeal from the list of options.
 

From 9 December 2024, all family law appeals to the Court are to be commenced, and appeal documents filed, on the Commonwealth Courts Portal. Appeal documents will no longer be accepted for filing via e-mail, unless permitted by an existing order or to accommodate accessibility requirements.

Fees are also able to be paid or fee exemptions sought, using the Commonwealth Courts Portal.

These changes will provide a single point of entry to commence an appeal from the Federal Circuit and Family Court of Australia (Division 1), the Federal Circuit and Family Court of Australia (Division 2), the Family Court of Western Australia and the Magistrates Court of Western Australia, and harmonise the Court’s appeals filing process with the filing process for other proceedings before the Courts. The filing process on the Commonwealth Courts Portal is guided, to assist litigants and legal representatives.

Family Law Practice Direction: Appeals

An amended Family Law Practice Direction: Appeals has been issued with effect from 9 December 2024 to reflect these eFiling changes.

Parties and practitioners in Western Australia

Parties and their legal practitioners who appeal from decisions of the Family Court of WA or the Magistrates Court of WA will need to ensure they are registered to use the Commonwealth Courts Portal so that they can use the eFiling processes.

More information

You can read the first update published by the Court about these appeal changes: Practice and procedure update: Family law appeals eFiling launch – filing and fee payment made simpler.

The following pages of the Courts’ website have been updated where relevant to reflect these eFiling changes: