What is an Appeal?
Appeals are available where a decision has been made in parenting, property, spousal support or other areas of family law. Decisions can be challenged on law or where a decision made by a Judge is unjust or unreasonable.
How can I appeal a decision?
This is a highly specialised and technical area of law. You will need to start with filing a Notice of Appeal.
When can I appeal?
You have a very short time to appeal a decision. If you wish to appeal a decision you must do so within 28 days of the decision being made.
Sometimes a decision is wrong at law or simply unfair or impracticable. You can appeal a decision if there has been some error for example where a Judged used the wrong principles to determine your matter; or allowed irrelevant matters to persuade or guide him or her; or where a decision is simply wrong.
General Information – Appeals
Appeals are available where an interim of final decision has been made in the Federal Circuit Court of Australia or the Family Court of Australia. There are very tight time-frames as to when Appeal can be made. If you are thinking of appealing a decision that has been made for spousal maintenance, parenting or property you should obtain specialist family law advice.
Most decisions made under the Family Law Act 1975 (Cth) are discretionary and the Judge who made the Orders has seen the witnesses and heard the evidence first hand. Appealing decisions is technical and requires consideration as to costs and merit of your case.
If you wish to know more contact us for skilled advice on all your Family Law Appeal matters.