Appeal against outcomes of probate applications or originating applications

Who can appeal

You should be a party in a Family Justice Courts case, such as the:

• Party who filed an application: plaintiff, complainant or applicant.
• Party against whom an application is filed: defendant, respondent, co-defendant or defendant-in-counterclaim.
• Third party.

What you can appeal against

You may file an appeal against a decision in any of these scenarios:

• Decision made on an application in an action.
• Decision made on an appeal against a decision mentioned in sub‑paragraph (1). what is sub-para 1
• Decision made on an appeal against a decision mentioned in sub‑paragraph 2). what is sub-para 2
• 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.
• 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.

Key facts

Refer to the following on how to appeal against a decision by a Family Justice Courts judge.

If you file the appeal, you are the appellant. The other party is the respondent.

How to file an appeal

You may choose to file personally or through a lawyer. If you are represented by a lawyer, the documents and security for costs will be filed by your lawyer. 

If you are representing yourself, you will need to file the Notice of Appeal (Form 148) and deposit a security cost of $5,000 (Form 149) for decisions by a district judge or magistrate. No security of costs is required for decision by registrar. 

All documents must be filed at LawNet & CrimsonLogic Service Bureau and filing fees will be charged. 

When to file the appeal

You must submit your documents 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 judge, magistrate or registrar has heard and determined all matters in an application, including costs.

All documents must be electronically filed at LawNet & CrimsonLogic Service Bureau and filing fees will be charged. 

If the court accepts your application documents, the Service Bureau will inform you to return to collect the Notice of Appeal issued by the court. This will contain the date, time and venue of the appeal hearing.

What to file

Both the appellant and respondent must file:

• Written submissions (including a cover page and table of content).
• Bundle of authorities.
  • 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.
• State the reasons why the Registrar’s decision is to be upheld, set aside or varied.

Where to file

For appeal against decision of a district judge, magistrate or registrar hearing an application filed in the Family Division:

• You will need to submit a printed-out copy (hard copy) of each document to the despatch office at level 1 of the Supreme Court building.

For proceedings filed in the Family Courts:

• You will need to submit a printed-out copy (hard copy) of each document to the Registry at the Family Courts building. 

After you file 

You will be issued with the endorsed copy of the appeal documents filed. You (the appellant) must serve a copy of the endorsed Notice of Appeal on the other party (the respondent) without delay and within the time limited for filing an appeal.

The court will inform you within 14 days whether the district judge, magistrate or register 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.

When to file the documents

For both the appellant and respondent in any of these scenarios:

• Within 14 days from the Certification.
• within 14 days after notification that the further reasons (written grounds of decision or certified transcript) are ready.
• Within 28 days, if there is no notification within 14 days and it is presumed that no further reasons will be issued. 
• If you applied to the registrar of the Family Justice Courts for the appeal to proceed, within 14 days of notification to proceed. 

At the appeal hearing

The court will decide whether to allow or dismiss the appeal.

This is the general process during an appeal hearing:

• The court will ask you (the appellant) to present your arguments for appeal.
• The court will hear from the respondent, who may respond to your arguments and present their case.
• The court may then ask you to reply to the respondent.
• The court may issue a decision on the day of the hearing or choose to reserve judgment. If the court chooses to reserve judgment, you will receive further directions on what happens next.

Outcome of Appeal

There are 2 possible outcomes:

After the appeal ends

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 extract the order. 

If you are unsure of the text, you can refer to some standard phrases in the Family Orders Guide.

If you provided the security for costs

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. 

Withdrawal of the appeal

You may withdraw the appeal before it is heard/dealt with by filing the notice of withdrawal in Form 147 via eLitigation. Filing through elitigation?

This part applies to this page? Is there any filing fee for withdrawal? > If you want to withdraw your appeal, you will need to file a Notice of Withdrawal through eLitigation. The estimated filing fee is $50.

Please indicate all of the following:

• Whether the other party consents to the withdrawal.
• Whether cost issues have been agreed on or are outstanding.
• Whether there are any other outstanding issues.