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Understanding the Family Court Appeals Process: A Step-by-Step Guide
When a decision is handed down by the Federal Circuit and Family Court of Australia (FCFCOA), it can feel final. But if you believe the court made a legal error or didn’t properly consider the facts, you may be able to appeal. Here's a step-by-step guide to help you understand how the Family Court appeals process works. It is important to understand that filing an appeal does not stop the order that is in place.

Step 1: Understand What an Appeal Is (and Isn’t)

An appeal is not a retrial. You can’t simply disagree with the outcome, you need to show that the judge made a legal mistake. This might include errors in applying the law, failing to consider relevant evidence, or acting beyond their powers. Appeals are usually heard by the Full Court of the FCFCOA (Division 1) or, in some cases, by a single judge.

Step 2: Get Legal Advice Quickly

Appeals are complex, time-sensitive matters. You only have 28 days from the date of the final order to file your appeal. Speaking with a family lawyer early can help you assess whether you have legal grounds for appeal and what the likely outcome may be.

Step 3: File a Notice of Appeal

To begin the process, you must:
  • File a Notice of Appeal with the FCFCOA
  • Pay the required filing fee (or apply for an exemption if eligible)
  • Prepare a draft index to the appeal book, outlining key documents and evidence from the original hearing. If you fail to file and serve the draft index, the appeal will be taken to be abandoned

This formal notice must be served on the other party.

Step 4: Prepare the Appeal Books

Appeal books are a collection of documents that the court will rely on when reviewing the appeal.

These usually include:
  • The original judgment and orders
  • Relevant evidence and affidavits
  • Submissions from both parties

Appeal books must meet strict formatting and procedural guidelines.

Step 5: Attend the Directions/Procedural Hearing

After lodging your appeal, the court will schedule a directions hearing. This is an administrative step to make sure both parties are ready and have complied with procedural rules. The court may also set dates for filing further submissions and list the matter for a hearing.

Step 6: The Appeal Hearing

During the appeal hearing:
  • Each party presents arguments about the alleged legal error(s)
  • The court does not hear new evidence unless special permission is granted
  • The appeal may be dismissed, upheld, or sent back for a retrial or reconsideration

Step 7: After the Decision

If your appeal is successful, the court may:
  • Set aside or vary the original orders
  • Order a new hearing
  • Make new orders based on the law

If unsuccessful, you may be ordered to pay the other party’s legal costs.

Final Thoughts

Appealing a Family Court decision is a serious and technical legal process. It’s essential to act quickly and seek legal advice to ensure your appeal has merit and is lodged correctly. With the right support, you can navigate the appeals process and work toward a fair resolution. For more information on applying for appeals, please visit the Federal Circuit and Family Court of Australia website.
For more family law advice like this, feel free to reach out to Genuine Legal for a consultation.
Call us on (07) 2102 0641 if you need our assistance.
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