Appeals from courts of summary jurisdiction

An appeal from a court of summary jurisdiction that is a local court in a State or Territory is an appeal to a single judge of the Family Court. This appeal is a hearing “de novo”; that is, the matter commences from the beginning and is determined again by a judge of the Family Court having regard to all evidence previously available and all evidence available at the date of the rehearing in the Family Court.

Since it is a hearing de novo, there is no requirement to show that the Local Court Magistrate erred either in fact or in law. It is the role of the Family Court judge on appeal to determine the order that he/she thinks is appropriate, based on the evidence presented before him/her at the time of the hearing of the appeal.

See Appeal from a court of summary jurisdiction.