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This is the process to appeal against a Youth Court's decision. Find out more about appeals against other decisions made in the Family Justice Courts.

Who can appeal

The following persons can appeal against a decision of a Youth Court:

What you can appeal against

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.

Key facts

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.

Estimated fees

$50 to file the Notice of Appeal

Where the appeal will be heard

The Family Division of the High Court.

Note

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.

How to file

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.

Step

Result

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.

  • The record of proceedings comprise of the certified transcripts of the hearing.
  • The grounds of decision are the reasons for the court’s decision.
Tip
You should read the documents carefully and consider if you wish to continue with the appeal. You may wish to seek legal advice on the merits of your case.

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.

After you file

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.

At your appeal hearing

The 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 the 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.

After the appeal ends

Either party may extract the orders made by the court.

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

Refer to the appeals information sheet (PDF, 218 KB).

Related questions

If you have filed your Petition of Appeal and you wish to withdraw the appeal, notify the Family Division of the High Court immediately.


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