Grounds of appeal

The appeal process is commenced by the lodgment of a Notice of Appeal. That notice must set out a number of particulars relating to the appeal and the grounds on which the appeal is brought.

The grounds of appeal must set out the basis upon which the appeal is to be heard. There are typically eight (8) grounds of appeal in family law matters, namely:

• • the learned trial judge acted upon a wrong principle;
• • the learned trial judge took into account irrelevant matters;
• • the learned trial judge erred on the facts;
• • the learned trial judge failed to take into account a material consideration;
• • the learned trial judge’s decision was plainly unreasonable or unjust;
• • the learned trial judge was biased;
• • the learned trial judge failed to afford a party procedural fairness; and
• • the learned trial judge provided inadequate reasons.

The most common grounds of appeal are:

• • that the judge has made an error of law in the judgment; or
• • has made an error or errors of fact, which have:
• • ◦ resulted in a miscarriage of justice; or
• • ◦ decision that was not legitimately within the discretion of the judge to make.

The grounds of appeal may be varied after the filing of the Notice of Appeal up to the date fixed for filing of the summary of argument by the appellant: r 22.09 of the Family Law Rules 2004.

See Grounds of appeal.