Key facts
Refer to the following on how you can appeal under the simplified proceedings.
When to file | Within 7 days after the date of the order by a deputy registrar. |
Who will hear the appeal | A PHC judge. |
Estimated fees | $100 to file a Notice of Appeal. |
How to file | Through the Community Justice and Tribunals System (CJTS). |
If you file the appeal, you are the appellant. The other party is the respondent.
What you will need
You will need to provide the following information:
- The claim number.
- The order date.
- Details and grounds (reasons) for the appeal.
- (If any) Supporting documents, as PDF files. Find out how to prepare such documents in the required format.
How to appeal
You will need to follow these steps to file and serve an appeal against an order made by a deputy registrar.
Step | Result |
|---|---|
| 1. File the application | Your application is filed in the PHC. |
| 2.Serve the application | You inform the other party of your application. |
1. File the application
When: within 7 days after the deputy registrar's order
Log in to CJTS. Under the Online Applications tab, select PHC, then select Appeal Against Order of Registrar and follow the instructions. For detailed instructions, refer to the CJTS user guide for protection from harassment claims (PDF, 3366 KB).
2. Serve the application
When: within 7 days after the date of filing the Notice of Appeal
You will need to serve a copy of the Notice of Appeal on the other party. This informs them of your application and the court proceeding that they must attend.
You can serve in one or more of the following ways if you know the party’s proper address:
- Leave with that person a copy of the document.
- Post a copy of the document on the front door of that person's proper address.
- Send a copy of that document by registered post to that person's proper address.
Note:
- If you wish to serve in other ways, you must file an application to the court.
- If you do not know the party’s proper address, the court may direct you to serve in other ways, according to Rule 69 of the Supreme Court of Judicature (Protection from Harassment) Rules. Examples include sending an electronic communication of the document to the party’s email address or social media account, where applicable.
Key facts
Refer to the following on how you can appeal under the standard proceedings.
When to file | Within 14 days after the date of the order by a deputy registrar. |
Who will hear the appeal | A PHC judge. |
Estimated fees | Refer to this table for the list of fees. |
How to file | Through eLitigation. |
If you file the appeal, you are the appellant. The other party is the respondent.
What you will need
- If your matter commenced before 1 April 2022: You will need to prepare a Notice of Appeal (Form 112, Rules of Court).
- If your matter commenced on or after 1 April 2022: You will need to prepare a Notice of Appeal (Form 35 of Appendix A2 of the State Courts Practice Directions 2021)
Estimated fees
The estimated filing fees include:
Item or service | Fees |
|---|---|
File the Notice of Appeal | $100 |
Note: This table does not include additional fees payable to the LawNet & CrimsonLogic Service Bureau.
How to appeal
You will need to follow these steps to file and serve an appeal against an order made by a deputy registrar.
Step | Result |
|---|---|
| 1. File the application | Your application is filed in the PHC. |
| 2. Collect the endorsed documents | You receive a copy of the document that has been endorsed by the PHC. |
| 3. Serve the application on the other party | You inform the other party of your application. |
1. File the application
When: within 14 days after the deputy registrar's order
- If your matter commenced before 1 April 2022: File the Notice of Appeal (Form 112, Rules of Court) through eLitigation.
- If your matter commenced on or after 1 April 2022: File the Notice of Appeal (Form 35 of Appendix A2 of the State Courts Practice Directions 2021) through eLitigation.
You may choose to file personally or through a lawyer. If you are represented by a lawyer, the application will be filed by your lawyer.
If you are not represented by a lawyer, visit the LawNet & CrimsonLogic Service Bureau to file in person.
2. Collect the endorsed documents
The Service Bureau will notify you via email or SMS of the outcome of your application.
If the court accepts your application document, you will be asked to return to the Service Bureau to collect an endorsed version of the Notice of Appeal. This will include the date and time of a hearing that you and the other party must attend.
3. Serve the application on the other party
When: within 7 days after the date of issue of the Notice of Appeal
You will need to serve a copy of the endorsed documents on the other party. This informs them of your application and the court proceeding that they must attend.
You can serve in one or more of the following ways if you know the party’s proper address:
- Leave with that person a copy of the document.
- Post a copy of the document on the front door of that person's proper address.
- Send a copy of that document by registered post to that person's proper address.
Note:
- If you wish to serve in other ways, you must file an application to the court.
- If you do not know the party’s proper address, the court may direct you to serve in other ways, according to Rule 69 of the Supreme Court of Judicature (Protection from Harassment) Rules. Examples include sending an electronic communication of the document to the party’s email address or social media account, where applicable.
