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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 court 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: plaintiff or applicant.
  • Party against whom an application is filed: defendant or respondent
  • Third party.

What you can appeal against

You may file an appeal against a judgment, order or 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 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 judgment, order or decision by a registrar in the General Division of the High Court.

When to file

Within 14 days of the judgment, order or decision.

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.

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 your case is up to $1 million) $500
  • (If 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.

If you are representing yourself, follow these steps to file an appeal.

When: within 14 daysof the registrar's judgment, order or decision.

Visit the LawNet & CrimsonLogic Service Bureau to file the Notice of Appeal (Form 112, Rules of Court) via eLitigation. You will need to pay the filing fees.

If the court accepts your application, 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.

When: within 7 days of the date of issue of the Notice of Appeal

You must serve the Notice of Appeal issued by the court on the other party (the respondent). This means giving them a copy of the document in any of the following ways (according to Order 62, Rule 6 of the Rules of Court):

  • By leaving the document at the address of the person to be served.
  • By post.
  • By fax, under circumstances set out in Order 62, Rule 6(3) of the Rules of Court.
  • In any manner as may be agreed between the parties.
  • In any manner as the court may direct.

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 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.

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:

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.


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