APPEALS
If your matter did proceed to a final hearing before a Judge and the decision made is not favourable for you, then you do have the right to lodge an Appeal.
- We will provide you with a detailed advice on whether you should lodge an Appeal or not depending upon the circumstances and facts of the judgement.
- The Appeal process is also expensive and it is very difficult to be successful on an Appeal.
- The Appeal is made to what is known as the Full Court of the Family Court (which is a hearing comprising 3 Judges of the Appeals Division of the Family Court).
- It is important to remember that Family Court Judges have a wide discretion in what orders they make in relation to property and children's matters and this in itself makes it very difficult to succeed on an Appeal.
- The Appeals Court does not change a Judge's decision simply because they would have reached a different decision, but instead a more complex set of laws apply as to whether or not the Appeal Court can overturn a Judge's decision.
- If you are unsuccessful on an Appeal, it is very likely that you will have to pay the other side's legal costs for the Appeal.
Dear Brett,
Thank you for all your assistance in my matter. I valued your professionalism, integrity and wise counsel through difficult times.
Best wishes and thank you again
Sally
