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 & Jennifer,
Firstly, thankyou for your time this morning. It is so reassuring to know there's such a great team in place to support me. You have all contributed to helping me stay on track, more than you know.
Warmest regards,
Justine
