Notice of appeal from the Federal Circuit and Family Court of Australia (Rule 36.01(1)(a)) (Form 121)

Section 24(1)(d) of the Federal Court of Australia Act 1976 gives the Federal Court jurisdiction to hear appeals from judgments of the Federal Circuit and Family Court of Australia (Division 2) exercising original jurisdiction under Commonwealth laws other than the family law and child support Acts. Rule 36.01(1)(a) of the Federal Court Rules 2011 requires those appeals to be started with a notice of appeal in Form 121. The notice must say whether the whole judgment or only part is appealed from, the grounds, briefly but specifically, the orders sought instead, and the appellant's address for service (r 36.01(2), (4)). An appeal from an interlocutory judgment needs leave (s 24(1A)).

When you need it

• You want to appeal a final judgment of the Federal Circuit and Family Court (Division 2) in a general federal law matter, such as a bankruptcy or migration matter.
• You have been granted leave to appeal an interlocutory judgment (s 24(1A)); attach the leave order.
• Not for family law or child support appeals: section 24(1)(d) excludes those Acts from the Federal Court's appellate jurisdiction.
• Not for appeals from a single Federal Court judge or a State or Territory court: use Form 122 (r 36.01(1)(b), (c)).

1. 1

   Heading and parties

   Insert Federal Circuit and Family Court of Australia in the 'On appeal from' line. Name every party below who may be affected by the appeal or interested in keeping the judgment, as appellant or respondent (r 36.31(1)); nobody can be named as an appellant without their consent (r 36.31(2)). Use the schedule for extra parties.

2. 2

   Registry details

   Leave the hearing time, date and place for the Registry to insert. In a migration appeal, delete the paragraphs about Division 36.5 and the hearing as the form directs.

3. 3

   What you appeal from

   State whether you appeal from the whole judgment, all of the orders, or only part of the judgment or particular orders, and give the date and place of the judgment (r 36.01(2)(a), (b)).

4. 4

   Leave (if needed)

   If the appeal needs leave, say so and attach a copy of the order granting leave (r 36.01(3)). Otherwise delete that paragraph.

5. 5

   Grounds and orders sought

   Set out, briefly but specifically, each ground of appeal, then the judgment or orders you want instead (r 36.01(2)(c), (d)).

6. 6

   Address, service and certificate

   Give your address for service (r 36.01(4)) and residential or business address, choose the service option, then date and sign. In migration litigation a lawyer must also sign the section 486I certificate.

• File within 28 days after the judgment was pronounced or the order made, or after leave to appeal was granted, or by a date fixed by the court appealed from (r 36.03). Out of time, apply for an extension in Form 67 (r 36.05).
• File in the District Registry in the State or Territory where the proceeding was last heard (r 36.02(c)). A filing fee applies - check the current fee schedule.
• Serve it on each person who was a party to, or given leave to intervene in, the proceeding below (r 36.04(1)), either personally or by delivering a signed and sealed copy to their address for service in the court below (r 36.06).
• Each respondent must file a notice of address for service within 14 days after being served (r 36.07).

• An appeal does not stay the judgment below; apply for a stay if you need one (r 36.08).
• Appeals from Division 2 are usually heard by a single judge, unless a judge considers a Full Court appropriate (s 25(1AA), note 4 to r 36.01).
• Some decisions cannot be appealed at all, such as decisions to join or remove a party, adjourn or expedite a hearing, or vacate a hearing date (s 24(1AA)).