Notice of Appeal

Chapter 13 of the Family Law Rules governs family law appeals to the Federal Circuit and Family Court of Australia (Division 1) from orders of Division 1, Division 2, a Family Court of a State, a Supreme Court, a Family Law Magistrate of Western Australia or a court of summary jurisdiction (r 13.01). An appeal starts by filing a Notice of Appeal (r 13.02) within 28 days after the order was made (r 13.03). Leave is needed for some appeals, including most appeals from interlocutory orders of the Federal Circuit and Family Court, and must be sought in the Notice of Appeal itself (r 13.02(2)). Everyone directly affected by the orders sought must be made a respondent (r 13.04). The Family Law Practice Direction - Appeals sets out what to file and how the appeal is managed.

When you need it

• You want to appeal a family law order, or seek leave to appeal where leave is needed.
• You are a respondent who wants the order varied or set aside: you file a Notice of Appeal endorsed as a cross-appeal (r 13.07).
• You are outside 28 days: you need an extension by Application in an Appeal, with the proposed Notice of Appeal annexed (r 13.03(3)).

1. 1

   Heading

   Give your name, tick appellant or cross-appellant, and tick the court the order was made in. Delete appeal or leave to appeal as applicable.

2. 2

   Parts A and B - parties and ICL

   Give the names and addresses for service of the appellants and respondents, and of any independent children's lawyer who is a respondent.

3. 3

   Part C - leave to appeal

   If seeking leave, attach the orders and state briefly, in numbered paragraphs, the facts showing an error of principle or a substantial injustice.

4. 4

   Part D - the orders appealed

   Attach a copy of the orders, and give the date, the judicial officer, the registry and file number. Say whether you appeal all orders or list the paragraph numbers.

5. 5

   Parts E and F - grounds and orders sought

   State each ground briefly and number it (not required for appeals from a court of summary jurisdiction), identifying the legal, factual or discretionary error. Then set out the orders you seek, numbered.

6. 6

   Part G - signature

   Sign and date, and tick who signed and prepared the notice.

• File within 28 days after the order (r 13.03). Most appeals go to the National Appeal Registry (r 13.02(1)(b)); the court says Notices of Appeal must be filed on the Commonwealth Courts Portal, and since 9 December 2024 the Registry does not accept appeal documents by email unless ordered or for accessibility. Appeals from a court of summary jurisdiction are filed in the registry closest to that court (r 13.02(1)(a)).
• File a copy of the orders appealed from; do not file an affidavit with the notice (Practice Direction paras 2.8, 2.10). Pay the filing fee or apply for an exemption.
• Serve the notice on each party, including any independent children's lawyer, by ordinary service within 14 days after filing (r 13.05). For most appeals, file a draft index to the appeal book within 28 days, or the appeal is taken to be abandoned (r 13.14).

• An appeal is not a rehearing: it must identify an error by the judicial officer. Write grounds that point to the error, not a re-run of the evidence.
• Filing an appeal does not stop the order operating. Apply for a stay in the registry where the order was made (r 13.12).
• Grounds and orders sought can be amended without permission up to the date fixed for the appellant's summary of argument (r 13.10).