Appeals against probate judgments and orders after trial

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 judgment in any of these scenarios: 

• In a trial, including a case where judgment is given or the action is dismissed at trial because one or more parties are absent.
• After damages are assessed or accounts are taken by a district judge.
• In an application for committal order for contempt of court.

Key facts

Refer to the following on how to appeal against a judgment and order after a trial. 

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. Certificate in Form 149 must be filed together with the Notice of Appeal.

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 judgment. 

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

The appellant will need to file the following:

• Record of appeal
  • Order granting permission to appeal (if any).
  • Notice of Appeal.
  • Certificate for security for costs.
  • Record of proceedings (certified copy of the judgment or grounds of decision, extracted order of court and certified transcript).
  • Affidavits of evidence in chief (if any).
  • All documents filed where relevant to the appeal.

• Appellant's case (first round):
  • Summary of facts, the decision, points to be made on appeal, and orders that you seek from the appellate court.
  • Submissions on the facts and legal issues (you should highlight any new points that were not raised before).
  • References to the record of appeal and core bundle of documents should be included in the right hand margin.
  • Costs orders and quantum of costs.
  • Name and signature of the appellant/appellant’s lawyer.  

• Core bundle of documents: 
  • Vol A: 
    • Table of contents listing the documents included in Volumes A and B. 
    • Certified copy of the judgment/grounds of decision
    • Extracted order of court
  • Vol B: 
    • Compilation of documents that are essential to the appeal
    • Table of contents listing the documents and index cross referencing to the record of appeal.   

• 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.

• Appellant's case (second round): 
  • Submissions in reply to the Respondent’s submissions 
  • References to the record of appeal and appellant or respondent’s core bundle of documents should be included in the right hand margin.
  • Name and signature of the appellant/appellant’s lawyer.  

• Core bundle of documents (if any): 
  • Vol A: 
    • Table of contents listing the documents included in Volumes A and B. 
    • Certified copy of the judgment/grounds of decision.
    • Extracted order of court.
  • Vol B: 
    • Compilation of documents that are essential to the appeal.
    • Table of contents listing the documents and index cross referencing to the record of appeal.   

• Bundle of authorities (if any)
  • 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.

The respondent will need to file the following:

• Respondent's case:
  • Summary of the contentions to be made on appeal and the orders that you seek from the appellate court.
  • Submissions on the facts and legal issues (you should highlight any new points that were not raised before).
  • References to the record of appeal and core bundle of documents should be included in the right hand margin.
  • 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.
  • Costs orders and quantum of costs.
  • Name and signature of the respondent/respondent’s lawyer.

• Core bundle of documents: 
  • Vol A: 
    • Table of contents listing the documents included in Volumes A and B. 
    • Certified copy of the judgment/grounds of decision.
    • Extracted order of court.
  • Vol B: 
    • Compilation of documents that are essential to the appeal.
    • Table of contents listing the documents and index cross referencing to the record of appeal.   

• 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.
  
  

Where to file

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.

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 14 days after judgement.

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

When to file the documents

The appellant will need to file (first round): 

• Appellant’s case and accompanying documents within 28 days from when you are informed that the record of proceedings is available.

The appellant will need to file (second round): 

• Appellant’s reply and accompanying documents within 14 days from service of the respondent’s case and accompanying documents on the appellant.

The respondent must file: 

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

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. 

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.