Legal Project Management Plan & Checklist
Appeal a Federal Court judge or an FCFCOA (Division 2) general law decision: leave, the 28-day notice of appeal, appeal books and the hearing.
How long do you have to appeal a Federal Court judgment?: A notice of appeal must be filed within 28 days after the judgment appealed from was pronounced or the order made, or within 28 days after leave to appeal was granted, unless the court appealed from fixes a date (r 36.03, Federal Court Rules 2011). An application for leave to appeal from an interlocutory judgment must be filed within 14 days (r 35.13). Late applications need an extension: Form 118 for leave out of time and Form 67 for a notice of appeal out of time, each with an affidavit explaining the delay (rr 35.14 and 36.05).
Do you need leave to appeal in the Federal Court?: Leave is needed to appeal from an interlocutory judgment (s 24(1A), Federal Court of Australia Act 1976), except one affecting the liberty of an individual or made in contempt proceedings (s 24(1C)). Judgments by consent, decisions granting or refusing summary judgment under s 31A and suppression orders are treated as interlocutory (s 24(1D)), and some decisions, such as joining or removing a party or adjourning or vacating a hearing, cannot be appealed at all (s 24(1AA)).
| Field | Token | Type | Required | Defined in |
|---|---|---|---|---|
| Matter(4) | ||||
Who hears an appeal from the Federal Circuit and Family Court of Australia (Division 2)?: In general federal law matters, a single judge of the Federal Court, unless a judge considers a Full Court appropriate (s 25(1AA)). An appeal from a single judge of the Federal Court is heard by a Full Court (s 25(1)). Appeals under the Family Law Act 1975 and the child support Acts are excluded from the Federal Court's appellate jurisdiction (s 24(1)(d)).
Jurisdiction: Federal Court of Australia, appellate jurisdiction under ss 24 and 25 of the Federal Court of Australia Act 1976, for appeals from a single judge of the Court exercising original jurisdiction and from the Federal Circuit and Family Court of Australia (Division 2) exercising original jurisdiction under a Commonwealth law other than the family law and child support legislation. Appeals from tribunals and other bodies (Part 33 of the Rules) and migration appeals follow different procedures and are outside this plan.
The Process at a Glance: The appellant's lawyer obtains the orders, reasons and transcript, confirms which court will hear the appeal, decides whether the judgment is interlocutory and leave is needed, and diarises the 14-day and 28-day deadlines from pronouncement. Where needed, leave or an extension of time is sought. The notice of appeal (Form 121 or Form 122) is filed in the registry where the matter was last heard and served on every party below, and a stay is sought if the judgment should not be enforced meanwhile. The Court triages the appeal on the papers about a month after filing under Practice Note APP 1. The appellant files its outline of submissions and chronology 25 business days before the hearing, the digital appeal book 10 business days before, and updated submissions and authorities 5 business days before, under rr 36.51 to 36.56 and Practice Note APP 2. After the hearing the Court may affirm, reverse or vary the judgment, remit the matter or order a new trial.
Key Legislation and Practice Notes: Federal Court of Australia Act 1976 (Cth) - s 24 (appellate jurisdiction and leave), s 25 (single judge or Full Court), s 27 (evidence on appeal), s 28 (orders on appeal), s 29 (stays), s 33 (High Court special leave) and s 43 (costs). Federal Court Rules 2011 (Cth) as compiled at 11 June 2026 - r 1.61 (time), r 2.13 (titles), Part 35 (leave to appeal), Part 36 (appeals, cross-appeals, notices of contention, appeal books, submissions and discontinuance), Division 39.4 (entry of orders) and Division 40.2 (taxation of costs). Practice Notes APP 1 (case management of Full Court and appellate matters, 21 July 2025) and APP 2 (content of appeal books and preparation for hearing, from 11 June 2026).
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Federal Court Appeal (Appellant) matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for Civil Litigation cases, outlining the standard LITIGATION process. Utilize these tracking templates to manage your legal cases efficiently.
| Matter numberⓘ |
matter.matterNumber |
| text |
| Required |
inheritedmatter-core |
| Matter title | matter.title | text | - | inheritedmatter-core |
| Matter typeⓘ | matter.matterType | text | - | inheritedmatter-core |
| Matter status | matter.status | text | - | inheritedmatter-core |
| Client(1) | ||||
| Client name | matter.clientName | text | Required | inheritedmatter-core |
A competent appeal route chosen before any time limit is at risk.
The appellant entitled to file a notice of appeal.
A properly constituted appeal on foot and the judgment held pending appeal where needed.
A complete, compliant record and argument before the Court.
The appeal concluded and the client advised on every next step.
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