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This is the process to appeal a civil decision by a State Courts registrar.

If you wish to appeal a decision by another court officer, you may 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 State Courts civil case, such as the:

  • Party who filed an application: plaintiff, claimant 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 State Courts deputy registrar 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 State Courts registrar.

Who can file

A party in a State Courts civil case.

What can be appealed

A judgment, order or decision by a registrar in the Magistrate's Court or District Court.

When to file

Within 14 days after the judgment, order or decision was given.

Estimated fees

Refer to this list.

Who will hear the appeal

A State Courts district judge.

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

$100

File the written submissions

$4 per document plus $0.60 per page

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 days after the judgment, order or decision was given

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

If the court accepts your application documents, the Service Bureau will inform you to return to collect the Notice of Appeal issued by the court. This will contain the date, time and venue of the appeal hearing.

When: within 7 days of the issuance 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 the scheduled appeal hearing at the date and time stated 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: file and serve the written submissions

When: at least 3 working days before the hearing date

Both you and the respondent must file your written submissions no later than 3 working days before the appeal hearing date.

For the appellant, your written submissions should state these points in a concise way:

  • Circumstances out of which the appeal arises.
  • Issues arising in the appeal.
  • Your contentions (arguments) for the appeal and the authorities (relevant case laws, statutes, subsidiary legislation and other materials) that support your arguments.
  • Reasons for the appeal.

File the written submissions through eLitigation. You will need to pay the filing fees.

You also need to serve the documents on the respondent.

At your appeal hearing

A district judge 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

You may have to seek the court's leave (permission) to withdraw your appeal. Please inform the court as soon as possible if you wish to withdraw.

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, time and venue of the appeal hearing. You must attend court.

At least 3 working days before the appeal hearing date, you need to file written submissions via eLitigation and serve the documents on the party who filed the appeal (the appellant).

For the respondent, your written submissions should state all of these points in a concise way:

  • Circumstances out of which the appeal arises.
  • Issues arising in the appeal.
  • Your contentions (arguments) for the appeal and the authorities (relevant case laws, statutes, subsidiary legislation and other materials) that support your arguments.
  • Reasons for opposing the appeal.

If you are not represented by a lawyer, visit the LawNet & CrimsonLogic Service Bureau to file the documents. The estimated fee is $4 per document plus $0.60 per page. (This does not include additional fees payable to the LawNet & CrimsonLogic Service Bureau.)

You need to serve the documents on the appellant. This means giving them a copy of the documents 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.

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