If you appeal against a State Courts decision, your appeal will be heard in the General Division of the High Court.
Refer to the following on how you can appeal against a State Courts decision.
Who can file | The accused or prosecution involved in a criminal case in the State Courts. |
What can be appealed against | A decision made by the court in a criminal case. |
When to file | Within 14 days after the date of a sentence or order. Note:
|
Filing fees | $50 application fee when filing the Notice of Appeal. Note: For cases charged before 2 Jan 2011, the fee is $5. |
How to file | You can file either online via the Integrated Case Management System (ICMS) or in person at the State Courts Central Registry during the registration hours. |
When: within 14 days after the date of the sentence or order
A Notice of Appeal is a form that indicates your intention to appeal. You must file your appeal within 14 days after the date of the sentence or order. This includes the weekends, but excludes the day on which the sentence was made.
Note: If you miss the deadline, you have to file a criminal motion to the General Division of the High Court to apply for an extension of time to appeal.
For the Notice of Appeal, you will need to fill in your:
You may need to include more information in the following cases:
If you are... | What to do |
---|---|
Filing on behalf of a company | Attach a letter of authorisation that shows you are authorised to represent the company. |
A complainant appealing against the acquittal or sentence of an accused in a private prosecution | Seek written approval from the Attorney-General's Chambers and attach the public prosecutor's consent. |
You must pay $50 to file a Notice of Appeal. How you pay depends on how you file:
Filing method | Payment method |
---|---|
File online via ICMS | Pay online with a credit or debit card, or at a payment kiosk in State Courts, Level 2 (using cash, NETS or a credit card excluding AMEX). |
Visit the State Courts Central Registry during the registration hours | Pay using cash, NETS or credit card. |
After filing the Notice of Appeal, you will receive the following documents via courier service:
Note: If you need additional copies, you have to pay $0.50 for each page, subject to a minimum of $10. You can request via ICMS.
When: within 14 days after service of the grounds of decision
The Petition of Appeal states the grounds on which you are appealing against the court’s decision. To continue with the appeal, file a Petition of Appeal within 14 days after service of the grounds of decision and notes of evidence. (If you were charged before 2 Jan 2011, the deadline is 10 days.)
Note: If you miss the deadline, you have to file a criminal motion to the General Division of the High Court to apply for an extension of time to appeal.
If you do not file within 14 days, the court will treat your appeal as withdrawn and enforce its sentence or order.
You can either file online via ICMS, or by visiting the State Courts Central Registry during the registration hours.
After you have filed the Petition of Appeal, the State Courts will send the documents related to your case to the General Division of the High Court, which will hear your appeal. You will receive a notification when this is done.
The General Division of the High Court will inform you of your appeal hearing date by post.
When: at least 10 days before the appeal hearing
Skeletal arguments are an outline of the arguments you intend to present in court. View the Supreme Court Practice Directions for guidelines.
Submit skeletal arguments to the General Division of the High Court at least 10 days before your appeal hearing.
You need to file via eLitigation.
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 moreRefer to: