Popular keywords
Alert-2 Note

This page is for matters that the Rules of Court 2014 apply to. For content relating to matters that the Rules of Court 2021 apply, click here.

If you are uncertain as to which version of the Rules of Court applies to your matter, click here.

Note

This is the process to appeal against a civil decision by a registrar in the General Division of the High Court.

If you wish to appeal a decision by another judicial officer, refer to:

If you are unsure who made the decision, contact the court to check.

Who can appeal

You should be a party in a civil case, such as the:

  • Party who filed an application: applicant.
  • Party against whom an application is filed: respondent.
  • Third party.

What you can appeal against

You may file an appeal against a decision made by a registrar in the General Division of the High Court if you are not satisfied with it and wish to reverse or vary it.

You do not need leave (permission) from the court to file this appeal.

Key facts

Refer to the following on how to appeal against a decision by a registrar in the General Division of the High Court.

Who can file

A party in a civil case in the General Division of the High Court.

What can be appealed

A decision by a registrar in the General Division of the High Court.

When to file and serve

The notice of appeal in Form 112 of the revoked Rules of Court (as in force immediately before 1 April 2022) must be issued within 14 days of the registrar’s decision and served on all parties within 7 days of it being issued (refer to Order 56 Rule 1 of the revoked Rules of Court (as in force immediately before 1 April 2022)).

 

 

Estimated fees

Refer to this list.

Who will hear the appeal

A judge in the General Division of the High Court.

How to file

Through eLitigation. Please see How to file for more information.

If you file the appeal, you are the appellant. The other party is the respondent.

Estimated fees

The estimated fees include:

Item or service

Fee

File the notice of appeal

  • (If the value of your case is up to $1 million) $500
  • (If the value of your case is more than $1 million) $1,000

Note: This table does not include additional fees payable to the LawNet & CrimsonLogic Service Bureau.

How to file

You may choose to file personally or through a lawyer. If you are represented by a lawyer, the documents will be filed by your lawyer.

Follow these steps to file an appeal:

If you are representing yourself, visit the LawNet & CrimsonLogic Service Bureau at the Supreme Court to file the Notice of Appeal (Form 112, revoked Rules of Court (as in force immediately before 1 April 2022)) via eLitigation. You will need to pay the filing fees.

If the court accepts your notice of appeal, the Service Bureau will inform you to return to collect the notice of appeal issued by the court. This will include the details of your appeal hearing.

You must serve the notice of appeal issued by the court on the other party (the respondent) within 7 days of the notice of appeal being issued. This means giving them a copy of the notice of appeal in any of the ways set out in Order 62 Rule 6 of the revoked Rules of Court (as in force immediately before 1 April 2022).

After you file

Both you and the respondent must attend court for the appeal hearing at the date and time mentioned in the notice of appeal.

Tip: If you are unable to attend, you must request to change the hearing date, subject to the court's approval.

Before the hearing

Both you and the respondent must attend pre-trial conferences when notified by the court. Further directions may be provided at the pre-trial conferences.

At your appeal hearing

A judge in the General Division of the High Court will decide whether to allow or dismiss your appeal.

This is the general process during an appeal hearing:

  • The court will ask you (the appellant) to present your arguments for the appeal.
  • The court will hear from the respondent, who may respond to your arguments and present their case.
  • The court may then ask you to reply to the respondent.

The court may issue a decision on the day of the hearing or choose to reserve judgment. If the court chooses to reserve judgment, you will receive further directions on what happens next.

Possible outcomes of appeal

There are 2 possible outcomes:

If your appeal is allowed

You get some or all of the changes you asked for, either in full or in part. The court may vary or overrule the original court’s decision, or make a new order.

If your appeal is dismissed

There are no changes to the original court's decision.

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

Legislation associated with this topic includes:

  • Order 56 and Appendix B of the revoked Rules of Court (as in force immediately before 1 April 2022).

Refer to Part XI of the Supreme Court Practice Directions (as in force immediately before 1 April 2022)

Related questions

Yes, you may withdraw your appeal. Please inform the court as soon as possible if you wish to withdraw your appeal.

Generally, filing fees are not refundable if the appeal is withdrawn.

You will receive a notice of appeal from the party who filed the appeal. This will include the date and time of the hearing. You must attend court.

Before the appeal hearing, you must attend pre-trial conferences when notified by the court.

Alert-2 Note

This page is for matters that the Rules of Court 2014 apply to. For content relating to matters that the Rules of Court 2021 apply, click here.

If you are uncertain as to which version of the Rules of Court applies to your matter, click here.


Share this page:
Facebook
Twitter
Email
Print