APPEALS

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If you do not agree with a decision of a Judge or other judicial officer, you can dispute their decision to a higher jurisdiction. You will most likely require the services of a reputable appellate barrister.

REVIEW OF A DECISION

Under section 26C(1) and 37A(9) you file for a review ‘afresh’ or ‘de novo’ rather than an appeal. This proceeds by way of an Application in a Case within 7 days or 28 days depending on the type of registrar.

APPEALS

Chapter 22 of the FLA governs appeals. A fresh hearing by way of appeal know as ‘de novo appeal’ require filing a Form 20 within 28 days of the date of the original Order. An appeal by way of rehearing considers all of the evidence presented at the first hearing and a decision is made.

HIGH COURT APPEALS REQUIRE SPECIAL LEAVE.

You need to establish that you have adequate grounds for an appeal or for a review. Sound advice and thorough preparation are required to carefully re-examine the decision of any judicial officers decision.

VARYING ORDERS

Once property Orders are made they are generally final. Therefore there are only certain grounds upon which a party may attempt to vary an order. Circumstances arise such as one party’s inability to re finance.

SECTION 79A APPLICATION

A party can have Orders set aside or varied or an Application dismissed under section 79A if: there has been a miscarriage of justice in relation to giving false evidence, consent, fraud, duress or suppression of evidence. section 79A(1)(a); the order is impractical to carry out. section 79A(1)(b); there has been a default by the other party in carrying out orders. section 79A(1)(c); exceptional new circumstances have arisen relating to the a child. section 79A(1)(b).

SLIP RULE

Where there has been an obvious error in the Orders and both parties agree that it has occurred and does not reflect the parties intentions at the time the Orders were made may be varied using the Slip Rule.

As there is no stay of proceedings you should act quickly or lodge a separate stay application.