Notice of Contention

Rule 13.08 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 requires a respondent to an appeal, or an independent children's lawyer, who does not want to cross-appeal from any part of the order but contends that the order should be affirmed on grounds other than those the court below relied on, to file a Notice of Contention. It lets the appeal court uphold the order on another basis without the respondent having to bring a cross-appeal. A respondent who wants the order varied or set aside must instead cross-appeal under rule 13.07 by filing a Notice of Appeal endorsed as a cross-appeal. This form is for family law appeals; general federal law appeals have a separate form.

When you need it

• You are the respondent to a family law appeal, or the independent children's lawyer, and you agree with the result below but not with all of the reasons.
• You want the appeal court to consider an extra or different ground that supports the order, for example a finding the court below did not make.
• You are not asking for the order to be changed. If you are, file a cross-appeal instead (r 13.07).

1. 1

   Heading and filing details

   Mark the court the appeal is in, the name of the party filing and their role (appellant, respondent or independent children's lawyer), and the appeal file number. Leave the court-use boxes; the court date is advised by an Appeal Registrar unless the appeal is from a court of summary jurisdiction.

2. 2

   Part A: about the parties

   Give the family and given names of the appellants and respondents as used now, attaching a page if there are more than two on a side. Complete the panel for who prepared the notice, the lawyer's code, firm, address for service in Australia, email and phone.

3. 3

   Part B: independent children's lawyer

   If one has been appointed, give their name and firm.

4. 4

   Part C: the contention

   Name the party and their role, tick that they contend the judgment of the named court below should be affirmed on grounds other than those relied on by that court, and tick that they do not seek to cross-appeal from any part of the judgment.

5. 5

   Part D: grounds relied on

   State briefly but specifically each ground that supports the judgment. Number the grounds so they can be referred to in submissions.

6. 6

   Part E: signature

   Sign and date the notice and tick whether it was signed by the party or their lawyer.

• Time limit: file within 28 days after the Notice of Appeal was served on you (r 13.08(2)).
• eFile on the Commonwealth Courts Portal. If you cannot eFile, attend or post to the regional appeal registry: Brisbane (appeals from Queensland, the Northern Territory and Lismore), Sydney (NSW except Lismore, and the ACT), Melbourne (Victoria, Tasmania and South Australia) or Perth (appeals from the Family Court of Western Australia and the Magistrates Court of Western Australia).
• Since 9 December 2024 the National Appeal Registry does not accept appeal documents by email unless a court order or accessibility needs allow it.
• Serve the filed notice on each other party by ordinary service within 14 days of filing, as the court's form page states.

• A Notice of Contention defends the order; it cannot be used to ask for a better result. Check carefully whether a cross-appeal is what you actually need, because the time limits differ (r 13.07(2)).
• If you are appealing from the Family Court of Western Australia or the Magistrates Court of Western Australia, you will need to register on the Commonwealth Courts Portal to eFile.