Appeal against a decision by a Family Courts district judge or magistrate (FJR 2024)

Division 2

Division 3

Division 4

What type of appeal is it?

1. Registrar to district judge; or

2. Registrar to judge in the Family Division of the High Court.

Decision appealed against

Case types specified in Part 19, Rule 2(3)(a) of the FJGR:

1. Decision made on an appeal against a decision of the Registrar of the Family Court;

2. Decision in an application for permission to commence an originating application;

3. Decision made for the enforcement of a judgment, an order or a decision;

4. Decision made on or in respect of any consequential or incidental matter after a judgment, a decision or an order is made after a hearing on the merits of an action;

5. Decision of an appellate court made on an application relating to an appeal.

Case types specified in Part 19, Rule2(4) of the FJGR:

1. Decision after a hearing on the merits of an action, including a case where the judgment, decision or order is made or the action is dismissed because one or more parties is absent;

2. Decision after damages are assessed or accounts are taken;

3. Decision in an application for a committal order for contempt of Court;

4. Decision in relation to the enforcement of child access orders;

5. Decision in an application to vary, rescind or set aside any judgment, decision or order mentioned above;

6. Decision in any application made in any proceedings in which a related decision is given on the same day. 

1. Decision made on an application in an action;

2. Decision made on an appeal against a decision mentioned in sub‑paragraph (1);

3. Decision made on an appeal against a decision mentioned in sub‑paragraph (2);

4. Decision made by the Registrar including a decision made on an assessment of damages or the taking of accounts, or in a hearing on the merits of an originating application;

5. Decision made by a District Judge or Magistrate in a hearing on the merits of an originating application, including any application taken out or heard on the same day or at any time after the hearing until the giving of the decision.

Judgment of a Family Court given:

1. In a trial, including a case where judgment is given or the action is dismissed at trial because one or more parties are absent;

2. After damages are assessed or accounts are taken by a District Judge; or

3. In an application for a committal order for contempt of court.

Within 14 days after decision

Within 14 days after decision (unless there is a pending request for further arguments)

Within 14 days after decision

Within 14 days after decision (unless there is a pending request for further arguments).

The time for filing an appeal does not start to run until after the District or Magistrate Court or Registrar has heard and determined all matters in an application, including costs.

$5,000 for decision by District Judge or Magistrate.

No security is required for decision by Registrar.

The court will inform you within 14 days whether the registrar will be issuing further reasons (certification).

If no further reasons are received within 14 days, please write in to the Registrar of the Family Justice Courts to proceed with the appeal.

If you do not receive any notification within 14 days, it is presumed that there will be no further reasons issued.

The court will inform you within 14 days whether the district judge will be issuing further reasons (certification).

If no further reasons are received within 14 days, please write in to the Registrar of the Family Justice Courts to proceed with the appeal.

If you do not receive any notification within 14 days, it is presumed that there will be no further reasons issued.

The court will inform you when the record of proceedings is ready for collection. Some charges may apply.

The court will inform you within 14 days whether the district judge will be issuing further reasons (certification).

If no further reasons are received within 14 days, please write in to the Registrar of the Family Justice Courts to proceed with the appeal.

If you do not receive any notification within 14 days, it is presumed that there will be no further reasons issued.

For both the appellant and the respondent:

1. Within 14 days from the Certification; or

2. Within 14 days after notification that the further reasons (written grounds of decision or certified transcript) are ready; or

3. Within 28 days, if there is no notification within 14 days and it is presumed that no further reasons will be issued (see above); or

4. If you applied to the Registrar of the Family Justice Courts for the appeal to proceed (see above), within 14 days of notification to proceed.

For both the appellant and the respondent:

1. Within 14 days from the Certification; or

2. Within 14 days after notification that the further reasons (written grounds of decision or certified transcript) are ready; or

3. Within 28 days, if there is no notification within 14 days and it is presumed that no further reasons will be issued (see above); or

4. If you applied to the Registrar of the Family Justice Courts for the appeal to proceed (see above), within 14 days of notification to proceed.

For the appellant:

Within 28 days from when you are informed that the record of proceedings is available.

For the respondent:

Within 28 days from service of the appellant’s Case and other accompanying documents on the respondent.

For both the appellant and the respondent:

1. Within 14 days from the Certification; or

2. Within 14 days after notification that the further reasons (written grounds of decision or certified transcript) are ready; or

3. Within 28 days, if there is no notification within 14 days and it is presumed that no further reasons will be issued (see above); or

4. If you applied to the Registrar of the Family Justice Courts for the appeal to proceed (see above), within 14 days of notification to proceed.

For the appellant:

1. First round  (Appellant’s Case and accompanying documents) - within 28 days from when you are informed that the record of proceedings is available.

2. Second round (Appellant’s Reply and accompanying documents) - within 14 days from service of the Respondent’s Case and accompanying documents on the appellant.

For the respondent:

Within 28 days from service of the Appellant’s Case and other accompanying documents on the respondent.

1. If the appellant does not file the documents in time, the appeal will be deemed withdrawn.

2. If the respondent does not file the documents in time, he/she will not be allowed to make submissions at the hearing unless the court allows.

3. The appellant or respondent may apply for a specific extension of time to file specific documents via an originating application in Form 1.

1. If the appellant does not file the documents in time, the appeal will be deemed withdrawn.

2. If the respondent does not file the documents in time, he/she will not be allowed to make submissions at the hearing unless the court allows.

3. The appellant or respondent may apply for a specific extension of time to file specific documents via an originating application in Form 1.

1. If the appellant does not file the documents in time, the appeal will be deemed withdrawn.

2. If the respondent does not file the documents in time, he/she will not be allowed to make submissions at the hearing unless the court allows.

1. If the appellant does not file the Appellant’s Case and accompanying documents in time, the appeal will be deemed withdrawn.

2. If the respondent does not file the documents in time, he/she will not be allowed to make submissions at the hearing unless the court allows.

For both the appellant and the respondent:

1. Written submissions

2. Bundle of authorities

For both the appellant and the respondent:

1. Written submissions

2. Bundle of authorities

For the appellant:

1. Record of appeal

2. Appellant’s Case

3. Core bundle of documents

4. Bundle of authorities

For the respondent:

1. Respondent’s Case

2. Core bundle of documents

3. Bundle of authorities

For both the appellant and the respondent:

1. Written submissions

2. Bundle of authorities

For the appellant (first round):

1. Record of appeal

2. Appellant’s Case

3. Core bundle of documents

4. Bundle of authorities

For appellant (second round):

1. the Appellant’s Reply, if any;

2. the second core bundle, if necessary; and

3. the Appellant’s second bundle of authorities, if any.

Written submissions

or

Appellant’s Case / Respondent’s Case must include cover page and table of contents.  

Submit 1 hard copy of each document to the despatch office at level 1 of the Supreme Court building for appeals against the decision of a District Judge, Magistrate or a Registrar hearing an application filed in the Family Division.

Submit 1 hard copy of each document to the Registry at the Family Court Building for proceedings filed in the Family Courts.

Submit 1 hard copy of each document to the despatch office at level 1 of the Supreme Court building.

This is a compilation of authorities for the appeal, including case authorities, statutes and law journal articles.

You may file a list of authorities that correspond with the bundle to be given to the court.

Compilation of:

1. Order granting permission to appeal (if any);

2. Notice of Appeal;

3. Certificate for security for costs;

4. Record of proceedings (certified copy of the judgment or grounds of decision, extracted order of court and certified transcript); and

5. All documents filed where relevant to the appeal.

1. Order granting permission to appeal (if any);

2. Notice of Appeal;

3. Certificate for security for costs;

4. Record of proceedings (certified copy of the judgment or grounds of decision, extracted order of court and certified transcript);

5. Affidavits of evidence in chief (if any); and

6. All documents filed where relevant to the appeal.

1. Summary of facts, the decision, points to be made on appeal, and orders that you seek from the appellate judge.

2. Submissions on the facts and legal issues (you should highlight any new points that were not raised before).

3. References to the record of appeal and core bundle of documents should be included in the right hand margin.

4. Costs orders and quantum of costs.

5. Name and signature of the appellant / appellant’s lawyer.

1. Summary of facts, the decision, points to be made on appeal, and orders that you seek from the appellate court.

2. Submissions on the facts and legal issues (you should highlight any new points that were not raised before).

3. References to the record of appeal and core bundle of documents should be included in the right hand margin.

4. Costs orders and quantum of costs.

5. Name and signature of the appellant / appellant’s lawyer. 

Second round:

1. Submissions in reply to the Respondent’s submissions

2. References to the record of appeal and appellant or respondent’s core bundle of documents should be included in the right hand margin.

3. name and signature of the appellant / appellant’s lawyer.

1. Summary of the contentions to be made on appeal and the orders that you seek from the appellate judge.

2. Submissions on the facts and legal issues (you should highlight any new points that were not raised before).

3. References to the record of appeal and core bundle of documents should be included in the right hand margin.

4. Explain why the decision should not be changed (if you did not file an appeal) or should be upheld, but for other reasons that the judge did not rely on.

5. Costs orders and quantum of costs.

6. Name and signature of the respondent / respondent’s lawyer.

1. Summary of the contentions to be made on appeal and the orders that you seek from the appellate court.

2. Submissions on the facts and legal issues (you should highlight any new points that were not raised before).

3. References to the record of appeal and core bundle of documents should be included in the right hand margin.

4. Explain why the decision be changed if the appeal is allowed (if you did not file an appeal) or why the decision should be upheld but for other reasons that the judge did not rely on.

5. Costs orders and quantum of costs.

6. Name and signature of the respondent / respondent’s lawyer.

Vol 1:

1. Certified copy of the judgment / grounds of decision.

2. Extracted order of court.

Vol 2:

1. Compilation of documents that are essential to the appeal.

2. Table of contents listing the documents and index cross referencing to the record of appeal.

Vol A:

1. Table of contents listing the documents included in Volumes A and B.

2. Certified copy of the judgment / grounds of decision

3. Extracted order of court

Vol B:

1. Compilation of documents that are essential to the appeal

2. Table of contents listing the documents and index cross referencing to the record of appeal.

Page limits

1. Appellant’s Case - 35 pages

2. Appellant’s core bundle of documents (excluding the written judgment or grounds of decision and the extracted order) - 55 pages

3. Respondent’s Case - 35 pages

4. Respondent’s core bundle of documents - 35 pages

5. Appellant’s Reply - 20 pages

6. Appellant’s second core bundle - 25 pages

If your appeal is allowed, you may get some or all of the changes to the original order you have asked for.

If your appeal is dismissed, the original order applies and there are no changes.

The appellant must go to the LawNet & CrimsonLogic Service Bureau and extract the order, whether or not the outcome of the appeal is in the appellant’s favour.

The appellant should send a draft order to the lawyers of the other party (if any) within 14 days after the order is made. If the appellant does not do so, the other party may then send a draft order to the lawyers of the appellant (if any).

If you are unsure of the text, you can refer to some standard phrases in the Family Orders Guide (PDF, 279 KB).

If costs orders have been made against you (the appellant), it will be deducted and the remainder (if any) will be released to you.

If no costs orders have been made against you, the full sum will be released to you.