Appeals
If your matter proceeded to a final hearing before a judge and you did not agree with the decision made because it was not in your favour, then you do have the right to lodge an appeal - but this right is not to be exercised lightly, as is explained below...
- Your solicitor can provide you with detailed advice on whether you should lodge an appeal or not, as the wisdom of appealing will always depend upon the circumstances and facts that lead to the judgment.
- The appeal process is usually expensive and successful appeals are rare (in any court, not just the Federal Magistrates Court of Australia and the Family Court of Australia), but if you believe justice has not been served and your lawyer agrees then an appeal may be the best way forward.
- The appeal is made to the “Full Court of the Family Court of Australia” (which is a hearing consisting of three judges of the Appeals Division of the Family Court).
- It is important to remember that Family Court judges have significant power to choose what orders they make in relation to property and children's matters and this in itself makes it very difficult to succeed on an appeal.
- The Appeals Court does not change a judge's decision simply because the Appeals Court would have reached a different decision – the law surrounding this area is complicated and you should seek your lawyer’s guidance on this matter.
- If you are unsuccessful on an appeal it is very likely that you will have to pay the other side's legal costs for the appeal and this can easily double your expenses. As a result of this very real possibility, a thorough consideration of your likelihood of success should be made before any appeal is filed.