Application in an appeal

Part 13.7 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 covers applications in relation to an appeal, other than an application for leave to appeal (r 13.35). A party makes one by filing an Application in an Appeal and an affidavit stating the facts relied on (r 13.36), except that a review of an Appeal Judicial Registrar's order or rejection of a document needs no affidavit (r 13.40(3)). The Appeal Judicial Registrar fixes a hearing date or refers the application to a judge in chambers, who may decide it without an oral hearing (rr 13.37, 13.38). The form is filed in the National Appeal Registry of Division 1.

When you need it

• You need an extension of time to file a Notice of Appeal or other appeal documents.
• You want the appeal court to receive further evidence. The application must be filed at least 14 days before the sittings in which the appeal is listed (r 13.39(1)).
• You want an Appeal Judicial Registrar's order or rejection of a document reviewed, within 21 days (r 13.40(2)).
• You seek reinstatement of an abandoned appeal (r 13.44), security for costs, or urgent orders.

1. 1

   Filing details

   Give the name of the party it is filed for and the appeal number. Leave the court use boxes blank.

2. 2

   Parts A and B - parties and children's lawyer

   Names and addresses for service of the applicants and respondents, with an email address, and the independent children's lawyer's details if one is appointed.

3. 3

   Part C - type of application

   Tick each type that applies: extension of time, reinstatement, review of an Appeal Judicial Registrar's order, security for costs, further evidence or other. Say whether you want it decided without the parties attending under r 13.38 and Part 5.3.

4. 4

   Part D - the orders sought

   Number each order you want the court to make.

5. 5

   Parts E and F - certification and signature

   Certify the orders are supported by evidence, sign and date, and show who prepared it.

• The court says to eFile the application and affidavit on the Commonwealth Courts Portal. If you cannot, attend or post to the regional appeal registry (Brisbane, Sydney, Melbourne or Perth) for your state.
• Since 9 December 2024 the National Appeal Registry no longer accepts appeal documents by email unless the court orders it or for accessibility. The exception is a review of a registrar's decision filed without an affidavit, which the court says to email to national.appealregistry@fcfcoa.gov.au.
• Serve the application and affidavit on the other parties within 14 days of filing by ordinary service, according to the court's form page.
• If it is decided without an oral hearing, each party files and serves a list of documents and a submission of up to 5 pages at least 2 days before the hearing date (r 5.15).

• For an urgent application, the court asks for a cover letter explaining the urgency.
• An affidavit for further evidence must state the facts, the grounds of appeal it relates to, the evidence and why it was not given at trial (r 13.39(2)).
• A respondent who opposes it files a Response to an Application in an Appeal and an affidavit, as the form's notice explains.