The following persons can appeal against a decision of a Youth Court:
You may file an appeal against a decision relating to a judgment, sentence or order made by a Youth Courts judge if you are not satisfied with it and wish to reverse or vary it.
Refer to the following on how to appeal a Youth Courts decision.
Who can file
Refer to this list for the persons who can appeal.
What can be appealed against
A decision relating to a judgment, sentence or order by a Youth Courts judge.
When to file
Within 14 days of the judgment, sentence or order.
$50 to file the Notice of Appeal
Where the appeal will be heard
The Family Division of the High Court.
Any appeal must be filed within 14 days of date of the court decision. Otherwise, the Notice of Appeal will be rejected. If you wish to extend the time to file an appeal, you will have to file a motion in the Family Division of the High Court.
The party who files the appeal is the appellant. The other party is the respondent.
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, follow these steps to file an appeal.
|1. File the Notice of Appeal|
Your application is filed in the court's system.
|2. Review the record of proceedings and grounds of decision|
You read the record of proceedings and grounds of decision, and decide if you want to continue with the appeal.
|3. File the Petition of Appeal|
Your petition is filed to proceed with the appeal.
When: within 14 days of the court decision
Within 14 days of the court's decision, file the Notice of Appeal at the Youth Courts Registry (Family Justice Courts at Havelock Square) during the operating hours. Find out the location and operating hours of the Youth Courts Registry.
You will receive the record of proceedings and grounds of decision from the court via courier service.
When: within 14 days of the date of the service of the record of proceedings and grounds of decision
In order to proceed with the appeal, you need to file the Petition of Appeal at the Youth Courts Registry during the operating hours. You need to file within 14 days from the date of service of the record of proceedings and grounds of decision.
There are no fees to file the Petition of Appeal.
The documents related to your case will be sent to the Family Division of the High Court, which will hear your appeal.
The court will arrange for a hearing and inform you and the respondent of the location, date and time through a Registrar's Notice. Both you and the respondent must attend the hearing. Further directions will be given in the Registrar's Notice.
Tip: If you are unable to attend, you must write to the court immediately to request a later hearing date and state the reasons for your request.
The court will decide whether to allow or dismiss your appeal.
This is the general process during an appeal hearing:
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.
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.
Either party may extract the orders made by the court.
Refer to the appeals information sheet (PDF, 218 KB).
Legislation associated with this topic includes:
If you have filed your Petition of Appeal and you wish to withdraw the appeal, notify the Family Division of the High Court immediately.