Appeal Procedure Family Court of Australia.

In an appeal you ask the Full Court to set aside a decision made by a Family Court judge or Federal Circuit Court judge. An appeal is not a rehearing of the original dispute. Therefore, for your appeal to succeed you must convince the Full Court that the Family Court trial judge or Federal Circuit Court judge made an error.

A Notice of Appeal must be filed in the Regional Appeal Registry within 28 days of an order made by a Family Court judge or Federal Circuit Court judge. The appellant must pay a filing fee. Appeals are listed for hearing before the Full Court (three judges of the Family Court). The Chief Justice may however, direct that an appeal from a Federal Circuit Court judge be heard by a single judge.

Filing a Notice of Appeal does not automatically affect the orders made by the judicial officer (except where the order is a divorce order). This means that both you and the other party must obey the orders, even if you have filed an appeal.

If you want to stop the operation of the orders until your appeal is decided, you must file an Application in a Case to stay the orders and an affidavit. That application can only be filed after the Notice of Appeal has been filed. Applications seeking a stay of orders must be filed in the first instance registry in which the order under appeal was made.

Appeal Procedures - Single Judge
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