Summons commencing an appeal (Part 50) / Summons seeking leave to appeal (Part 50) (Form 84)

Part 50 of the Uniform Civil Procedure Rules 2005 (NSW) applies to any appeal except an appeal assigned to the Court of Appeal and a few other listed kinds (r 50.1), so it covers appeals to a single judge of the Supreme Court and appeals to the District Court. Form 84 is the summons for both an appeal as of right and an application for leave to appeal, and cites rr 50.4 and 50.12. Common uses are appeals from the Local Court: from the General Division to the Supreme Court on a question of law, or with leave on mixed law and fact, and from the Small Claims Division to the District Court only for lack of jurisdiction or denial of procedural fairness (Local Court Act 2007 ss 39 and 40). The summons must be filed within 28 days after the material date unless time is extended (rr 50.3 and 50.12) and must state the grounds briefly but specifically (rr 50.4 and 50.12).

When you need it

• You want to appeal a Local Court civil decision to the Supreme Court (General Division) or the District Court (Small Claims Division).
• You are bringing a statutory appeal from a tribunal or other body that goes to the Supreme Court or District Court under Part 50.
• You need leave to appeal, for example on mixed questions of law and fact or an interlocutory decision; tick the leave version of the summons.

1. 1

   Choose the summons type and heading

   Keep either Summons commencing an appeal or Summons seeking leave to appeal. Complete the court details and name the appellant as plaintiff and the other side as defendant.

2. 2

   Proceedings in the court below

   Give the title and court below, the hearing dates, the material date and the name and title of the judicial officer who made the decision.

3. 3

   Type of appeal and details

   Select the type from the list on the UCPR forms website. State whether you appeal from the whole decision or part of it, identifying the part.

4. 4

   Orders sought

   Where needed, seek leave to appeal; then appeal allowed, the judgment or order below set aside, and the decision you want made instead.

5. 5

   Appeal grounds

   State briefly but specifically the grounds relied on, including any error of law. Legal Aid NSW says an appeal on a question of law must clearly state the question you want decided.

6. 6

   Certificates, signature and party details

   Complete the Legal Profession Uniform Law Application Act 2014 certificate choice and the court fees acknowledgement, sign, and complete the party details, address for service and defendant details.

• File in the Supreme Court or District Court registry, or online through the NSW Online Registry using its Summons form with a document consistent with Form 84. Legal Aid NSW says to file at least three copies if filing on paper.
• Start the appeal within 28 days after the material date (UCPR r 50.3; r 50.12 for leave), unless a statute sets a different time. Any application to extend time must be included in the summons, and a summons seeking leave must give the reasons why time to apply for leave should be extended (rr 50.3(2) and 50.12(2), (4)).
• Legal Aid NSW says to include a sealed copy of the order appealed from and a certified copy of the reasons, and any exhibit, affidavit or document from below you want the court to consider. Rule 50.14 requires these to be annexed to an affidavit filed and served at least 3 days before the hearing, unless the court orders otherwise.
• A filing fee applies; check the court's current fee schedule. The Bench Book says Supreme Court Part 50 appeals are listed for directions before a registrar first.

• Check whether you need leave before filing. Legal Aid NSW warns that an appeal filed without leave where leave is needed may be dismissed.
• Get the transcript and written reasons of the court below early; the grounds should point to specific errors in them.
• A Local Court General Division appeal to the Supreme Court is limited to questions of law unless leave is granted, so frame the grounds as errors of law.