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When to appeal

Before an appeal to the General Division of the High Court can be made, leave (permission) to appeal from the District Court must be obtained by filing an application for leave to appeal to the District Court.

Note

If you missed a court session and an order was made in your absence, you may apply to set aside the order instead of filing an appeal.

Conditions for appeal

A party may appeal to the General Division of the High Court against an order of a tribunal based on either one or both of the following:

  • On any ground (reason) involving a question of law.
  • On the ground that the claim was outside the jurisdiction of the tribunal.
Note

If you are uncertain whether you have a right to appeal, do consult a lawyer. A lawyer can be hired to represent a party for application for leave to appeal proceedings at the District Court and appeal proceedings at the General Division of the High Court.

Key facts

If you are filing the application for leave to appeal, you are the appellant.

The other party is the respondent.

Refer to the following to find out how to file an application for leave to appeal.

When to file

Within 7 working days after the date on which the order was made.

Filing fee

$100

How to file

Through the Community Justice and Tribunals System (CJTS).

Tip

All applications must be filed through CJTS. If you need access to computers, visit the Business Centre at the State Courts, Level 2 during operating hours.

What you will need

You should prepare the following (where applicable) before you file:

  • Your claim number.
  • Your grounds of appeal.
  • The order number you are appealing against.
  • A soft copy of supporting documents (if any) in PDF format.

How to file and serve an application for leave to appeal

You will need to follow these steps:

Step

Result

1. File your application for leave to appeal

Your application for leave to appeal is filed in CJTS.

2. Serve documents on the other party

The respondent is notified that you have filed an application for leave of appeal.

When: within 7 working days after the date on which the order was made.

Log in to CJTS. Under the Online Applications tab, select Application for Leave to Appeal and follow the instructions to fill in the required information.

For detailed instructions, refer to the CJTS user guide for filing employment disputes (PDF, 4.54 MB).

Print and serve a copy of the Application for Leave to Appeal on the respondent within 7 working days after the date of filing the application for leave to appeal.

When: within 7 working days of the date of filing the leave to appeal.

You may serve the documents on the respondent through one of the following ways:

Service method

What it is

Personal Delivery

Delivering hard copies of the documents personally to the respondent.

Registered post

(if to an individual) Sending hard copies of the documents to the respondent's last known residential or registered address in an envelope addressed to them.

(if to a business entity) Sending hard copies of the documents to the respondent's ACRA registered address in an envelope addressed to them.

CJTS

Submitting soft copies of the documents to the respondent through CJTS.

Others

Delivering the documents by any means (including fax or email) as directed by the Employment Claims Tribunals (ECT).

Note

If the respondent wishes to oppose your application, they can file and serve a response to the Application for Leave to Appeal within 7 working days after they are served with the Application for Leave to Appeal.

After you file

The court will arrange for a case management conference before a State Courts registrar who will brief you and the respondent on the administrative details of appeal before scheduling a hearing date before a district judge. Both parties will be informed of the case management conference date through CJTS.

You and the respondent will have to attend court on the scheduled date and time for the case management conference. If you are absent, the registrar may make an order or give directions subject to their discretion for the just, quick and economical disposal of the application, including dismissing the application.

After the registrar has scheduled a date and time for the hearing of your application for leave to appeal before the District Court, you must attend the hearing. If you are absent, the District Court may dismiss your application for leave to appeal.

A District Court judge will decide whether to allow or dismiss your application for leave to appeal at the hearing.

If leave is granted, you may commence appeal proceedings in the General Division of the High Court. Any order of a District Court giving or refusing leave is final and not subject to any appeal.

If leave is granted

You can make an appeal to the General Division of the High Court only after a leave to appeal is given by the District Court.

If leave is granted, you should follow these steps for your appeal to be heard in the High Court.

Step

Result

1. File the Notice of Appeal and pay the security for costs

Your Notice of Appeal is filed in CJTS.

2. File and serve the appellant's case
  • Your Appellant's Case is filed with the ECT registrar.
  • The respondent is notified of your intention of appealing the ECT order to the High Court.
3. File and serve copies of the record of appeal

Your record of appeal is filed with the ECT registrar.

When: within 7 days of the District Court granting leave to appeal

Key facts

Refer to the following to find out how to file and serve a Notice to Appeal.

When to file

Within 7 days of the District Court granting leave to appeal.

Filing fee

$600

Other fees

$50 to extract your leave to appeal order.

Where to file

Through CJTS.

What you will need

You should prepare the following (where applicable) before you file:

  • The District Court's order granting leave to appeal to the General Division of the High Court.
  • Your ECT case number.
  • Your Application for Leave to Appeal number.
  • A soft copy of supporting documents (if any) in PDF format.

How to file a Notice of Appeal

Complete and save a copy of the Notice of Appeal (Form 82, State Courts Practice Directions) in PDF format.

Log in to CJTS. Under the Online Applications tab, select General Application and upload the Notice of Appeal.

Follow the instructions and pay the required fees.

After you file

After you file the Notice of Appeal, the ECT will prepare the record of proceedings related to your case. The record of proceedings consists of:

  • A certified copy of the grounds of the order (The reasons for the court’s decision).
  • A certified copy of the notes of proceedings (record of the notes taken by the tribunal magistrate during the hearing).

The ECT registrar will notify you via CJTS when the record of proceedings is ready and will be sent to you via CJTS.

Tip
You should read thesedocuments carefully and consider if you wish to continue with the appeal. You may wish to seek legal advice on the merits of your case.

Pay the security for costs

You will need to pay security for costs to the Accountant-General's Department (AGD). This amount serves as a deposit for the respondent’s costs of appeal.

Complete and save a copy of the Notice of Payment into Court (Form 84 of the State Courts Practice Directions) in PDF format.

Log in to CJTS. Under the Online Applications tab, select General Application and upload the Notice of Payment into Court. You will receive instructions on the depositing of the security with AGD.

Estimated fees

Refer to the following for the possible fees you will need to pay.

Item or service

Fee

Security for costs

$500

Obtain documents for the AGD for security for costs

$10

Certificate for security for costs

$20

When: within 21 days after the date on which you are notified of the record of proceedings.

Key facts

Refer to the following to find out how to file and serve an Appellant's Case.

When to file

Within 21 days after the date on which you are notified of the availability of record of proceedings.

Filing fee

$600

Where to file

Through CJTS.

How to file and serve an Appellant's Case

Complete and save a copy of the Appellant’s Case (Form 87, State Courts Practice Directions) in PDF format.

Log in to CJTS. Under the Online Applications tab, select General Application and upload the Appellant's Case. You will receive instructions on the payment of filing fee for the Appellant's Case.

You will then need to serve a copy of the Appellant's Case on the respondent through one of the following ways:

Service method

What it is

Personal Delivery

Delivering hard copies of the documents personally to the respondent.

Registered post

(If to an individual) Sending hard copies of the documents to the respondent's last known residential or registered address in an envelope addressed to them.

(If to a business entity) Sending hard copies of the documents to the respondent's ACRA registered address in an envelope addressed to them.

CJTS

Submitting soft copies of the documents to the respondent through CJTS.

Others

Delivering the documents by any means (including fax or email) as directed by the State Courts.

Note

If you do not file the Appellant's Case within 21 days, your appeal will be treated as withdrawn.

After you file

The respondent may wish to contend on your appeal on either of the following:

  • The order of tribunal should be varied in any event or in the event of appeal being allowed in whole or in part.
  • The order should be affirmed on grounds other than those relied upon by that tribunal.

The respondent may then file the Respondent's Case prepared according to Form 87 of the State Courts Practice Directions and serve a copy on you within7 days after being served the Appellant's Case.

The Respondent's Case will specify the respondent's reasons for contending the appeal.

When: within 14 days after the date on which the Appellant's Case is filed.

Key facts

Refer to the following to find out how to file and serve an Appellant's Case.

When to file

Within 14 days after the date on which the Appellant's Case is filed.

Where to file

With the ECT registrar.

What you will need

A record of appeal contains the following documents. You should prepare hard copies of each (where applicable) before you file:

  • Your Notice of Appeal.
  • Your certificate of deposit of security for costs.
  • Your Appellant's Case.
  • The Respondent's Case (if any).
  • The record of proceedings.
  • The order you are appealing against.
  • Your supporting documents to show how the matter was decided and the nature of the appeal (if any).

How to file and serve a record of appeal

You will need to follow these steps:

  1. File 3 copies of the record of appeals with the ECT registrar.
  2. Serve a copy of the record of appeals on the respondent through one of the following ways:

Service method

What it is

Personal Delivery

Delivering hard copies of the documents personally to the respondent.

Registered post

(if to an individual) Sending hard copies of the documents to the respondent's last known residential or registered address in an envelope addressed to them.

(if to a business entity) Sending hard copies of the documents to the respondent's ACRA registered address in an envelope addressed to them.

CJTS

Submitting soft copies of the documents to the respondent through CJTS.

Others

Delivering the documents by any means (including fax or email) as directed by the State Courts.

If you fail to file a record of appeal within 14 days after the date on which the Appellant's Case is filed, the respondent who has filed a Respondent's Case may proceed with the appeal.

Note

Your appeal will be treated as withdrawn if:

  • You and the respondent do not file a record of appeals.
  • You do not file a record of appeal and the respondent does not file a Respondent's Case.

At your appeal hearing

You will be notified of the hearing in the General Division of the High Court by the Supreme Court Registry by post. You must attend your appeal hearing. If you are absent, the General Division of the High Court may dismiss your appeal.

The General Division of the High Court may make the following orders:

  • Dismiss the appeal.
  • Allow the appeal.
  • Set aside or vary the order.
  • Remit the matter to the tribunal for reconsideration.
    • The court may also order a rehearing of the matter by a different tribunal with such directions.
  • Order as to costs and expenses.

The decision of the General Division of the High Court is final and is not subject to any further appeal.

Apply for a stay of execution

You must still comply with an order after you file an appeal against it. The other party can enforce the order if you do not comply.

You need not comply with the order if it has been set aside on appeal by the High Court.

If you wish to suspend enforcement of the order while awaiting the outcome of your appeal, you must apply for stay of execution. The order can only be stayed (suspended) if the application is granted by the District Court or General Division of the High Court.

What you will need

You should prepare the following (where applicable) before you file:

  • Your claim number.
  • The order number.
  • Your reasons for applying.
  • Your supporting documents (if any) in PDF format.

How to file

Log in to CJTS. Under the Online Applications tab, select Application for Stay of Execution. Follow the instructions to fill in the required information, which includes your reasons for applying.

After you file

The ECT will schedule a hearing for your application and inform you of the date and time to attend court through CJTS.

If your application is allowed, the other party is not allowed to enforce the order of tribunal against you.

If your application is dismissed, the other party may enforce the order of tribunal against you.

Need help?

The information here is for general guidance as the courts do not provide legal advice. If you need further help, you may want to get independent legal advice.

Find out more

Resources

Refer to The Employment Claims Tribunals Guide (PDF, 2.17 MB).
2021/07/23

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