Appealing a Decision

If you think a Registrar or a Judicial Registrar have made a wrong decision you can ask for a “review” by a Judge. You need to lodge an “Application for Review” (Form 44). You need to check with the Court staff about the time limits.

If you think the Family Court Judge has made a wrong decision, you may appeal to the Full Court of the Family Court (3 judges together) within 28 days of the decision, or later if the court agrees. You must apply for a stay of execution from the court which made the orders you do not like in order to stop those orders from having effect while you wait for the appeal. The filing fees for appeal and process can be located here. You may be able to apply for a waiver of the fee.

If you have applied for your parenting order in the local court and you do not agree with the decision of the magistrate you can appeal to the Family Court. The matter is heard by a Family Court Judge and the case is reheard from the start. You need to lodge a Notice of Appeal from a court of summary jurisdiction (Form 43) within one month of the orders being made. Click here to find the current fees.

If you have applied for your parenting orders in the Federal Magistrate’s Court, see page 62 as the procedure is similar.

Please note: Appeals from Federal Magistrates of the Family Court are not a new hearing but only on questions of law.

(From Family Court of Australia website)