Appeals from interlocutory decrees and orders

Where the decision of the court appealed from was not a final decision, then leave to file an appeal may be required before an appeal can progress: s 94AA(1) of the Family Law Act 1975. Regulation 15A(1) of the Family Law Regulations 1984 confirms that an interlocutory decree, other than a decree in relation to a child welfare matter, is a decision in respect of which leave to appeal is required before the appeal can be instituted. An order which does not finally determine the rights of the parties in the principal case is an interlocutory decree: see Tadgell v Hahn.

Tadgell v Hahn [2013] FamCAFC 1

See Appeal from the Federal Circuit Court.

See also Leave to appeal.