31 Mar Appeals in Family Law Practice
The hearing is over, the Judge’s decision is handed down and the Court Orders are made. But what if you don’t like the decision? What options do you have to appeal a decision?
Appeals in the family law jurisdiction are not something to take lightly. The purpose of an appeal is not to give the parties a second chance to run a hearing, but to ensure that the Court has determined the matter according to the particular facts of the case and the ultimate determination is made in line with the appropriate laws.
If appealing a decision parties are required to file a Notice of Intention to Appeal within 28 days of the date of the Orders being made.
Secondly (and broadly speaking), your appeal should be based on an error by the Judge in the application of the law. Further, that error of law must be so serious that it results in a miscarriage of justice which, if not corrected, would be detrimental to the party who is appealing the decision.
Often appeals are not heard for some time after the original decision has been made and it is important that the existing Orders are complied with in the interim.
Unfortunately, not all matters lead to results that we are entirely happy with, but it is essential that every matter is decided on its individual merit to ensure the best interests of children are upheld, and that just and equitable property settlements are determined.
Of course all families are unique and if you have any questions regarding your family law matters you should seek independent legal advice regarding the facts that are relevant in your matter.