Appeals from the Federal Circuit Court

An appeal from the Federal Circuit Court is an appeal to the Family Court.

An appeal to the Family Court is instituted by the lodgment of a Notice of Appeal. A Notice of Appeal should be lodged with the appeals registry of the Family Court. The appeals registry is generally situated in the Family Court Registry in the capital city of each state of Australia and correspondence is generally addressed to the Regional Appeals Registrar. A Notice of Appeal can be lodged by fax provided arrangements are made with the appeals registry for the payment of the applicable filing fee (refer to the website of the Court for up to date fees).

When a Notice of Appeal is lodged, the Chief Justice must decide whether it is appropriate for the jurisdiction of the Full Court to be exercised by a single judge or by a full bench of the Family Court, consisting of three or more judges. Usually, an appeal from a Federal Circuit Court judge’s decision is heard by a single judge of the Family Court. There is no right of appeal or review against the decision of the Chief Justice as to the way in which the appeal will be heard.

An appeal from a decision of a Federal Circuit Court judge must be lodged within 28 days of the order from which an appeal is lodged. Once a Notice of Appeal has been filed, the appeals registry will make directions as to the running of the appeal, including the preparation of appeal books and the filing of a summary of argument and list of authorities: r 22.23 of the Family Law Rules 2004.

See Appeal from the Federal Circuit Court.