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Appeal against a protection from harassment decision in the Family Court
Note
Either party in a protection from harassment case may file an appeal if they are not satisfied with an order or decision by the Family Court.
Appeals can be filed against decisions by 2 types of judicial officers:
- The registrar, the deputy registrar or an assistant registrar (collectively a “registrar”), who is dealing with the case conference or make orders before the hearing of the application (referred to as interlocutory applications); or
- A judge hearing the application for the POHA orders.
An appeal against the decision of a registrar is heard by a district judge of a Family Court. An appeal against the decision of a judge hearing the application is heard by a high court judge.
Setting aside an order
If you missed a court session and an order was made in your absence, you cannot file an appeal. You may apply to set aside the order instead.
Parties to an appeal
If you are a person appealing against a judgment, decision, or order, you are the appellant.
If you are the person who is responding to an appeal by an appellant, you are the respondent.
The applicable laws
Relevant Legislation:
| Section 23 (2A) Family Justice Act | An appeal to the High Court from a decision of the Family Court can only be made with permission of the Family Court or High Court. |
Relevant Subsidiary Legislation relating to appeals:
Rule 13 of the Family Justice (Protection from Harassment) Rules 2024 | Deals with appeals relating to protection orders and false statement orders.
|
Rule 19 of the Family Justice (Protection from Harassment) Rules 2024 | Deals with appeals relating to mandatory treatment orders.
|
| Part 19 of the Family Justice (General) Rules 2024 | Deals will all appeals in the Family Court (see specifically, Part 19 Rules 21 and/or 28 dealing with applications seeking permission to appeal). |
Applicable System
All appeals against protection from harassments decisions in the Family Court are made through eLitigation.
Overview of appeal process
| Step | Process/Description |
| Step 1 | Determine whether you are appealing against a registrar or a judge. This will have an impact on Steps 2 and 3. |
| Step 2 | Do you require permission before commencing your appeal? |
| Step 3 | Assuming that you have been given permission to appeal, or that permission is not required, proceed to file your Notice of Appeal. If you are the Appellant, please take note:
|
| Step 4 | Depending on who the appeal is made against (for example, registrar or judge), the court will either issue its summary of the points it has decided, or alternatively, its written grounds of decision. |
| Step 5 | Depending on who the appeal is made against (for example, registrar or judge), the appellant and respondent will have to file:
|
| Step 6 | The appeal will be heard before the appropriate appellate judge. There are two possible outcomes:
|
Applicable Fees
Refer to Part 19 of the Family Justice (General) Rules 2024.
Need help?
The information here is for general guidance as the courts do not provide legal advice. If you need further help, you may want to get independent legal advice.
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