Why might a party appeal a courts decision?

The High Court of Australia is able to deal with cases which come to it on appeal or which begin in the High Court itself.

Cases which involve interpretation of the Constitution, or where the Court may be invited to depart from one of its previous decisions, or where the Court considers the principle of law involved to be one of major public importance, are normally determined by a full bench comprising all seven Justices if they are available to sit.

Other cases which come to the High Court for final determination involve appeals against the decisions of the Supreme Courts of the States and Territories, of the Federal Court of Australia and of the Family Court of Australia and these are dealt with by a full court of not less than two Justices. In addition there are certain matters which can be heard and determined by a single Justice.

The subject matter of the cases heard by the Court traverses the whole range of Australian law. It includes, for instance, arbitration, contract, company law, copyright, courts-martial, criminal law and procedure, tax law, insurance, personal injury, property law, family law, trade practices, etc.

Most of the Court's work relates to the hearing of appeals against decisions of other courts. There is no automatic right to have an appeal heard by the High Court and parties who wish to appeal must persuade the Court in a preliminary hearing that there are special reasons to cause the appeal to be heard. Decisions of the High Court on appeals are final. There are no further appeals once a matter has been decided by the High Court, and the decision is binding on all other courts throughout Australia.

Rules of Court, which are made by the Justices, set out the procedural steps that legal practitioners must comply with in preparing a case for hearing, including the preparation of an Appeal Book. The Appeal Book prepared by the appellant's legal practitioner, contains basic documentation which is necessary background for the Court to consider the issue raised by the appeal.

During the hearing, barristers representing the parties present their arguments orally to the Court.

This picture was taken in Courtroom 1 of the High Court in Canberra at the beginning of the hearing of the Work Choices case (State of New South Wales v Commonwealth of Australia, State of Western Australia v Commonwealth of Australia, State of South Australia v Commonwealth of Australia, State of Queensland v Commonwealth of Australia, Australian Workers Union & Another v Commonwealth of Australia, Unions NSW & Others v Commonwealth of Australia, State of Victoria v Commonwealth of Australia) on Thursday, 4 May 2006. It is noteworthy in that it involved the most number of counsel (39) ever to appear before the High Court in a case.

The Court rarely gives its decision (i.e. the judgment) at the end of a hearing. Rather, the decision is "reserved" and presented some time after the hearing. Each Justice makes his/her own decision on cases, and where decisions are not unanimous, the decision of the majority prevails.

The usual practice is for Justices to prepare written reasons for their decisions which are handed down by the Court at a later sitting. Printed copies of the judgments are given to the parties involved immediately after the decision is announced by the Court. The decisions are subsequently recorded in law reports and are now also available on computerised legal data bases.

Paper copies of judgments are available to the public, for a fee, by contacting one of the offices of the High Court Registry in Canberra, Sydney or Melbourne. Electronic copies of judgments are available at the AustLII site and other sites free of charge.

Decisions of the High Court are binding on all other courts throughout Australia.

The most obvious way in which individual judges are accountable is through the right of the party to the proceedings to appeal any judicial decision, in some cases through several higher courts. In this way the losing party is able to have the decision reviewed by another independent judge or judges. The court determining an appeal will correct errors by the trial judge and the right of appeal ensures that, as far as possible, courts arrive at correct decisions. The decisions of appellate courts are fully reasoned, widely available and they do not always pull their punches.

Only a small number of the millions of cases commenced each year are subject to a successful appeal. For example, 1,553,983 civil (non-family) cases started in 2011, whilst just 1,269 appeals were filed in the Court of Appeal Civil Division in the same period. It is vital the right exists as it ensures that if a judge does make an error of law or fact the means exist to correct it. In this sense the right of appeal as a form of explanatory accountability has two distinct (but overlapping) functions, one private and one public. These were first noted by the Roman legal scholar Justinian.

The private function is to provide accountability to the individual litigants. The public function is that enabling errors to be corrected maintains and enhances the confidence of citizens in the justice system. Another aspect of the public function is that the appeal court can provide guidance for future cases and thus facilitate certainty. In these ways the right of appeal furthers the rule of law.

Examples of the many contexts in which there may be a right of appeal are:

• In criminal cases there may be an appeal against conviction or sentence by the defendant, and a reference to the Court of Appeal by the Attorney General against a sentence that is considered to be unduly lenient in more serious cases.
• In family cases, an appeal against a judge’s decision to place a child in care, to grant custody of a child to one parent rather than the other, or to determine how the matrimonial assets should be divided on divorce;
• In civil cases the examples include; appeals against a judge’s determination of a contractual dispute (for example between consumer and supplier, builder and house-owner, or two businesses), a boundary dispute between neighbours, or a claim for compensation for personal injuries sustained in an accident or because of negligence by a doctor;
• Against decisions of judges ruling on challenges by citizens to the decisions of public authorities; for examples challenges to decisions of NHS Trusts as to the availability of medicines, and decisions of planning authorities granting or refusing permission to build or extend houses, roads or motorways;
• Procedural decisions made by judges in all parts of the justice system, such as whether to allow or disallow certain evidence to be put before the court, whether or not to require disclosure of certain evidence, or whether or not to grant an adjournment are also subject to appeal.

In 2012 just 62 individuals had their sentence increased after having their cases referred to the Court of Appeal by the Attorney General as ‘unduly lenient’ – a small fraction of the 138,808 cases dealt with by the Crown Court that year. There is also a proportionately small number of appeals against conviction or sentences. It is important to remember that these references and appeals represent only a small minority of those cases which are decided in the course of a year, and that they are not representative of the vast majority of appeals by those who have been convicted of a criminal offence where the sentencing decision of the court is upheld. This is despite the very strong criticism which is levelled at judges on the grounds that sentences are insufficiently severe.

It is tempting to try to analyse the performance of individual judges by looking at the number of appeals against them and then drawing the conclusion that those judges who are often successfully appealed are in some way less than competent. Such a conclusion cannot properly be drawn. The number of successful appeals against an individual judge’s decisions is not necessarily indicative of competence. Figures on successful appeals against a judge’s decisions can only begin to have relevance if they are set against the total number of decisions made by the judge in question, and those where there has been no appeal, or an appeal has been rejected. It should also be borne in mind that some judges have caseloads involving more complex and serious cases, so they might be more likely to feature in appeal cases. In any event, there are many cases where the Court of Appeal will overturn decisions without implying any criticism of the original judge, for example, where the lower court was required to follow an earlier decision of the Court of Appeal which is subsequently found to be incorrect.

This brochure gives you basic information about appeal procedures in the Federal Circuit and Family Court of Australia (FCFCOA) from decisions of a FCFCOA (Division 2) judge. It deals only with appeals from a decision made by a Division 2 judge when the appeal jurisdiction of the FCFCOA is to be exercised by a single judge.

For appeals from a decision of a FCFCOA judge when the appeal jurisdiction is to be exercised by the Full Court, see the brochure Appeal Procedures – Full Court.

You should also refer to the Family Law Practice Direction – Appeals which is available on the FCFCOA website.

If you need information regarding the correct procedure for appeals from decisions made by FCFCOA registrars or local court magistrates, call 1300 352 000.

Legal terms

Appeal – a procedure which enables a person (usually a party to legal proceedings) to challenge the decision made by a court. Chapter 13 of the Family Law Rules 2021 sets out the procedure for an appeal from a decision of a FCFCOA judge.

Appeal books – a bound or fastened and indexed collection of all documents relevant to the appeal (see page 8 for more information).

Appellant – a person who files an appeal.

Cross-appellant – a person who files a cross-appeal.

Draft index to the appeal books – a list of the documents which were before the judge at the hearing or trial.

Full Court – three judges hearing an appeal together. Appeals from a decision of a FCFCOA (Division 1) judge are heard by a Full Court. A Full Court may also hear an appeal from a FCFCOA (Division 2) judge (if your appeal is to be heard by the Full Court, see the brochure Appeal procedures – Full Court).

Judge – the FCFCOA judge hearing the appeal.

List of authorities – the names of, and citations for, reported cases which will be referred to in support of the case.

Leave to appeal – in certain cases you need the FCFCOA’s permission before you can file an appeal (see page 5 for more information).

Primary judge – the FCFCOA judge who heard the proceedings and made the orders that are being appealed.

Reasons for judgment – the reasons given by the primary judge for the orders that were made.

Respondent – the other party or parties to the proceedings.

National appeal registry – the registry that supports the work of the appellate jurisdiction of the FCFCOA (Division 1). Documents for an appeal must be filed with the national appeal registry.

Single judge – the judge who hears the appeal. When an appeal is filed from a decision of a FCFCOA (Division 2) judge, the Chief Justice of the FCFCOA will decide whether the jurisdiction of the appeal court is to be exercised by a single judge or three judges as a Full Court. There is no right to appeal against this decision.

Transcript – the written record of the evidence in court proceedings.

Main stages in an appeal

Within 28 days of the order being made
The appellant files the Notice of Appeal at the national appeal registry together with a copy of the orders being appealed and pays the filing fee or makes an application for an exemption. ↓

After the appeal is filed

The Chief Justice of the FCFCOA determines whether the appeal will be heard by a single judge or three judges as a Full Court.

If three judges are to decide the appeal, see the brochure Appeal Procedures – Full Court.

If a single judge is to decide the appeal, follow the process set out in this brochure. ↓

Within 14 days of filing the appeal

The appellant arranges for a copy of the Notice of Appeal to be served on the respondent and all other parties to the proceedings, including any independent children’s lawyer. ↓

Within 14 days of being served with a Notice of Appeal or within 28 days of the order being appealed

The respondent may file a Notice of Appeal endorsed as a cross-appeal and pays the filing fee or makes an application for an exemption. ↓

Within 28 days of filing the appeal or the date of reasons for judgment

The appellant files a draft index to the appeal books in the national appeal registry and serves a copy on the other parties to the appeal. ↓

After the draft index to the appeal books is filed

The appeal is listed before a judge for a procedural hearing. The parties to the appeal will be notified of a hearing date by the appeal registry. The procedural hearing may be conducted by an appeal registrar. ↓

PROCEDURAL HEARING

The judge or registrar makes orders for the conduct of the appeal and to have the appeal prepared for hearing before the judge. This may include orders as to whether appeal books should be prepared and a timetable for filing documents by the parties. ↓

THE APPEAL HEARING

Appeals

What is an appeal?

An appeal is not a rehearing of the original dispute. For your appeal to be successful, you must convince the appeal judge that the primary judge made an error.

The appeal judge:

• does not consider any evidence or information that was not before the primary judge, except in special circumstances
• does not hear witnesses giving oral evidence
• reads all the relevant documents that were filed by the parties for the original hearing before the primary judge and the relevant parts of the transcript of the proceedings
• takes into account the written summaries of argument, and
• listens to legal argument from both sides.

As the appellant, you need to convince the appeal judge that the primary judge made an error such that the decision should be set aside.

In order to do this you must persuade the appeal judge that the primary judge:

• applied a wrong principle of law, or
• made a finding of fact or facts on an important issue which could not be supported by the evidence, or
• exercised his or her discretion to arrive at a decision which was clearly wrong.

A finding of fact is, for example:

• a finding that a certain event did or did not occur
• that something was said or not said, or
• that something has a certain value (for example, your house).

A primary judge exercises discretion when the result of the case does not depend on a fixed rule, but where the primary judge has to weigh up a number of different factors, all of which are of some relevance to his or her decision. To succeed on appeal, it is not enough for you to show that another judge might have formed a different view on the facts or decided the case differently.

For example:

• In a financial case, there is a margin within which the FCFCOA has a range of decisions open to it; all of which will be legally valid or acceptable.
• In a parenting case, matters may be so finely balanced between the parties that the judge could decide in favour of either party, without being in error in a legal sense.

If the primary judge accepted the evidence of one party in preference to that of the other party, the appeal judge will be reluctant to take a different view because, unlike the primary judge, he or she does not see and hear the parties or their witnesses giving evidence.

Leave to appeal

You must apply for leave to appeal against a primary judge’s decision in the following circumstances:

• Where you want to challenge an interlocutory order which does not relate to a parenting order and which is not final; for example, an order stopping you from accessing money in a bank account until further order.
• Where you want to challenge an order made under the Child Support (Assessment) Act 1989 or the Child Support (Registration and Collection) Act 1988.

Leave to appeal is sought using the same document that you file for an appeal.

Outcome of appeal

If your appeal is successful the judge may:

• make a different order to the one made by the primary judge, or
• order a retrial (that is, another hearing) by the primary judge or a different judge.

It is also possible for the judge to find that, although the primary judge made some errors, he or she came to the correct conclusion and the appeal should be dismissed.

Cost

Before deciding whether to appeal against the primary judge’s decision, it is important to be aware of the costs involved. They include:

• a filing fee (in some cases a reduced fee may be sought for a divorce application, or decree of nullity, or in respect of other fees, an exemption if you hold certain government concession cards or you can demonstrate financial hardship). For more information see the fees section at www.fcfcoa.gov.au, and
• the cost of a transcript of the proceedings before the judicial officer. Each appellant buys transcripts at their own cost. There is no fee reduction applicable to this charge.

In addition, if your appeal is unsuccessful, it is likely that the Court will order you to pay some or all of the other costs of all other parties to the appeal.

Legal advice

You should seek legal advice before deciding what to do. A lawyer can:

• help you understand your legal rights and responsibilities
• explain how the law applies to your case
• define whether you have a legal issue suitable for consideration on appeal
• provide practical options available to you, and
• explain the costs involved in appeal litigation.

For these reasons, the FCFCOA encourages you to obtain legal advice before starting court action.
Court staff can help you with questions about court forms and the court process, but cannot give you legal advice.

You can get legal advice from a:

• legal aid office
• community legal centre, or
• private law firm.

Before seeking legal advice, you should have a copy of the orders from which you want to appeal and the judicial officer’s reasons for judgment. You can get these from the family law registry where your case was originally heard. You can get procedural information from the appeal registrar (see the back page of this brochure for contacts).

What to do and when

1. Preparing your appeal

You prepare your appeal by completing a Notice of Appeal and attaching a copy of the orders you seek to appeal. The notice must be typed or printed clearly and must state:

• If you are applying for leave to appeal, the facts relied on in support of the application for leave.
• Whether the appeal is against all or only part of the orders. If it is against part of the orders, state which part.
• The grounds on which you claim that the decision is wrong. You should point out briefly but specifically which principles of law the primary judge applied wrongly, and/or which of his or her findings of fact are wrong, and why you say the decision is wrong. It is important that the grounds of appeal are prepared carefully as they govern the matters the judge will consider in deciding the appeal.
• What order you want the judge to make in place of the order made by the primary judge or whether you want a new trial.

2. Time limits on appealing

The Notice of Appeal must be filed in the national appeal registry no later than 28 days after the day on which the order being appealed was made.

You may apply for an extension of time by filing an Application in an Appeal and an Affidavit in support of the application. These documents must be filed in the national appeal registry and served on the other parties or their lawyers (including any independent children’s lawyer).

The application will be heard by a judge. The FCFCOA has discretion whether or not to extend the time. Matters that will be taken into account when deciding whether to allow you the extension of time to file the appeal will include:

• the length of the delay
• the reasons for the delay
• any disadvantage it has caused the other party
• the merits of the proposed appeal, and
• the overall justice of the case.

If a judge refuses to grant an extension of time you can apply to the High Court for special leave to appeal. See ‘Appeals to the High Court’ on page 12 for more information.

3. Filing the appeal

The Notice of Appeal and orders you seek to appeal (the original plus one copy for each party to the appeal) must be filed in the national appeal registry. Filing can be done by post, by delivering the documents to a family law registry or by electronic communication (that is, fax or email).

At filing, you must pay a filing fee. If you are filing the Notice of Appeal by electronic communication, you may pay the filing fee at your nearest family law registry and fax or email a copy of your receipt (or an application for reduction of the fee) with your Notice of Appeal.

Note: the filing fee cannot be returned if you withdraw or abandon your appeal.

4. Serving the Notice of Appeal on the other party

You must arrange for a copy of the Notice of Appeal to be served on each other party to the appeal or their lawyers, including any independent children’s lawyer within 14 days of filing. Service may be conducted by:

• post (by you or someone acting for you), or
• hand (personal delivery – you cannot serve the papers yourself ).

The Court’s Service Kit provides information on service and includes the Affidavit of Service that will be given to you when you file the Notice of Appeal. You can follow the instructions in the kit or arrange for service to be conducted by a process server for a fee.

5. Draft Index to the Appeal Books

Within 28 days of filing the Notice of Appeal (or the date of any reasons for judgment), you must file a draft index to the appeal books with the FCFCOA and serve it on the respondent and all other parties to the appeal.

The draft index lists the documents which were in evidence before the primary judge and that will be included in the appeal books or that must be before the judge hearing the appeal. If you fail to file and serve a draft index within 28 days of filing, the appeal will be taken to be abandoned (see ‘Prosecution of the appeal’ on page 10).

Cross-appeals

The respondent to the appeal may also appeal if he or she considers that the primary judge was in error. This is done by filing an original (and one copy for service on each other party) of a Notice of Appeal endorsed as a cross-appeal in the national appeal registry. The respondent must file any Notice of Appeal endorsed as a cross-appeal no later than 14 days after service of the original Notice of Appeal or within 28 days of the order being made, whichever is the later.

The time for filing a cross-appeal may also be extended by order of the Court.

A fee must be paid when filing a cross‑appeal and this fee cannot be returned if you withdraw the cross-appeal.
In some cases a reduced fee may be sought for a divorce application, or decree of nullity, or in respect of other fees, an exemption if you hold certain government concession cards or you can demonstrate financial hardship. For more information see the fees section at www.fcfcoa.gov.au.

Effect of appeal – filing an appeal does not stop the order

Filing a Notice of Appeal does not automatically affect the orders made by the primary judge (except where the order is a divorce order). This means that, both you and the other party must obey the orders even if you have filed an appeal. If you want to stop the operation of the orders until your appeal is decided, you must file an application to stay the orders and an affidavit. That application can only be filed after the Notice of Appeal has been filed. You may request an early hearing so that the matter can be dealt with quickly.

The application will be decided by the primary judge from whom you are appealing if available. Your application to stay the orders appealed must be filed in the family law registry where the proceedings were heard originally, not the national appeal registry.

If a stay is granted, the primary judge’s orders have no effect until the appeal is decided or some other order is made in relation to the stay.

The procedural hearing and the appeal books

After the draft index to the appeal books has been filed, a date is allocated for a procedural hearing before a judge or appeal registrar.

At the procedural hearing, the judge or registrar will make orders about the following:

• whether an appeal book is required for the hearing of the appeal and if so, the contents of the appeal book
• if an appeal book is not required, a timetable for the filing by each party of a list of documents to be relied on by the party
• a timetable for the filing by each party of a summary of argument and a list of authorities
• a timetable for the party responsible (usually the appellant) to obtain, file and serve the primary judge’s reasons for judgment and those parts of the transcript of the hearing likely to be relevant to the appeal, and
• a date for the hearing of the appeal.

The appeal books or list of documents to be relied on will be before the judge hearing the appeal and unless otherwise ordered, must include the following:

• the Notice of Appeal
• the order being appealed
• reasons for judgment of the primary judge
• any relevant previous or subsequent order
• the application that was decided by the primary judge
• any response
• relevant affidavits relied on before the primary judge
• any family report received in evidence
• relevant exhibits tendered before the primary judge
• the relevant part or parts of the transcript of the hearing before the primary judge

The hearing date

The hearing date will be discussed at the procedural hearing and if possible, a date allocated for the hearing before the judge. Urgent appeals may be given priority so you should make a submission to the judge or appeal registrar if there is any particular urgency about your case. In some cases, you may be required to file an Application in an Appeal together with an Affidavit in support of the application to request an urgent hearing.

Prosecution of the appeal

If you do not obey orders made by the FCFCOA or fail to appear in court or attend appointments, the judge may dismiss your appeal ‘for want of prosecution’ without hearing it. You will be given prior written notice of this and the opportunity to appear before the judge before this can occur. If your appeal is dismissed for want of prosecution, you may be liable to pay the other parties’ costs relating to the appeal.

An appeal or cross-appeal may be taken to have been abandoned if the appellant or cross-appellant fails to file and serve all relevant documentation by the due dates and comply with all orders made concerning the conduct of the appeal. This will happen automatically under the Family Law Rules 2021 without the need for any further communication with you, if you fail to file the draft index to the appeal books or if required to do so, the appeal books. You may file an application to re-instate your appeal on an Application in an Appeal with a supporting Affidavit.

Transcript

If you decide to appeal, it is your responsibility to order and pay for the relevant parts of the transcript of the hearing before the primary judge. Transcripts are available from an independent service provider. Each appellant is responsible for purchasing transcripts at their own cost. The independent service provider provides these transcription services and the Court cannot reduce the transcription fees.

Summaries of argument and lists of authorities

You must file with the FCFCOA and serve on the respondent and any other parties a summary of your argument and a list of authorities. Your summary of argument must set out, in relation to each ground of appeal, a statement of the arguments setting out the points of law or fact to be discussed, and the orders you seek. The document must not exceed 15 pages (unless the FCFCOA orders otherwise), each paragraph must be numbered consecutively and it must be signed. At the hearing of the appeal you will be expected to speak to your written summary of argument. If participating in the appeal, the respondent and any other parties may be required to file a summary of argument and a list of authorities.

The appeal hearing

As the appellant, you will put your case to the judge first. The respondent and any other parties will then be called on to answer your case. You will then be able to reply to anything raised by the respondent. In presenting your case, you are expected to be familiar with the material in the documents before the judge. You should be able to direct the attention of the judge to the documents which support your argument.

For example:

• If you are claiming that the primary judge applied a wrong principle of law, you should draw to the attention of the judge the relevant grounds of appeal and the passage in the judgment and then refer to the section of the Family Law Act 1975 or other relevant legislation and/or to the reported decisions of the Court published in the law reports which show that the primary judge was in error.
• If you are claiming that the primary judge made an error in the findings of fact, refer to or identify the finding from the judgment. You should direct the judge to all the evidence in the affidavits, transcript and/or exhibits relevant to that finding (including evidence supporting that finding).
• If you are claiming that the primary judge exercised his or her discretion wrongly, you should draw the judge’s attention to those aspects of the case that you claim were not given proper consideration and which ought to have led the primary judge to reach a different decision, as well as to those aspects that you claim were given too much weight by the primary judge.

In each case you should be able to give the judge references to the document by page number, paragraph number and location on the page.

Further evidence

In all but exceptional circumstances, the only evidence that the judge will consider is that given at the hearing before the primary judge.

Usually, if the further evidence was available at the time of the trial, but you or your lawyer did not call that evidence, the further evidence will not be admitted at the hearing of the appeal.

If you wish to apply to the judge for permission to introduce additional evidence, you must file an:

• Application in an Appeal, and
• Affidavit in support of the application.

The affidavit should set out briefly but specifically the facts on which the application relies, the ground(s) of appeal to which the application relates, the evidence that the applicant wants the appeal court to receive or at least the nature of the evidence, and the reason why the evidence was not adduced at the hearing.

The original and service copies of the application and affidavit must be filed in the national appeal registry; and two copies served on each other party to the appeal no later than 14 days before the hearing date.

The other party can file an answering affidavit no later than seven days before the sittings, setting out any extra facts relied upon in opposing the application. The Full Court usually deals with an application to admit further evidence at the start of the appeal hearing.

Legal costs

If your appeal is dismissed, it is likely that the other parties will apply to the judge for an order that you pay their costs associated with your appeal. It is common for a costs order to be made against the appellant in those circumstances. If your appeal is successful, you may seek an order that the respondent to the appeal pay your legal costs (if any) and expenses. Alternatively, if the appeal succeeds on a question of law, you may ask the judge to recommend to the Attorney-General that a contribution be made towards those costs from a special fund. The FCFCOA may do this by granting a ‘costs certificate’. The most you can be paid from the fund is $4,000.

Stopping an appeal

You can stop your appeal at any time. You do so by filing a Notice of Discontinuance in the national appeal registry and serving a stamped copy on the respondent and any other parties, including any independent children’s lawyer. The Family Law Rules 2021 provide that if you withdraw your appeal you may be required to pay the costs of the respondent and any other parties, including any independent children’s lawyer, relating to the appeal.

Appeals to the High Court

There is no right of appeal to the High Court of Australia from a decision of the FCFCOA. You may apply to the High Court for special leave to appeal, but this is granted only in special cases. If you make any application to the High Court you must also lodge a copy of that application in the national appeal registry. You should check with the High Court registry regarding any time limits which may apply. There is no appeal to the Full Court from the decision of a single judge hearing an appeal from a decision of a primary judge.

National Appeal Registries

The FCFCOA’s national appeal registry has four locations:

BRISBANE
(Appeals from Queensland, the Northern Territory and Lismore) Cnr North Quay and Tank Street Brisbane QLD 4000

EMAIL:

TEL: (07) 3052 4006

SYDNEY
(Appeals from New South Wales (except Lismore) and the Australian Capital Territory) 97-99 Goulburn Street Sydney NSW 2000

EMAIL:

TEL: (02) 8067 2103

MELBOURNE
(Appeals from Victoria, Tasmania and South Australia) 305 William Street Melbourne VIC 3000

EMAIL:

TEL: (03) 8638 6408

PERTH
(Appeals from the Family Court of Western Australia) Family Court of Western Australia 150 Terrace Rd Perth WA 6000

EMAIL:

TEL: (08) 9224 8222

Personal safety

If you have any concerns about your safety while attending court, please call 1300 352 000 before your court appointment or hearing. Options for your safety at court will be discussed and arrangements put in place. By law people must inform a court if there is an existing or pending family violence order involving themselves or their children. More detail is in the brochure Do you have fears for your safety when attending court?

More information

For more information about the FCFCOA:

This brochure provides general information only and is not provided as legal advice. If you have a legal issue, you should contact a lawyer before making a decision about what to do or applying to the FCFCOA. The FCFCOA cannot provide legal advice.

The FCFCOA respects your right to privacy and the security of your information. You can read more about the FCFCOA’s commitments and legal obligations in the fact sheet The Court and your privacy. The fact sheet includes details about information protection under the privacy laws and where privacy laws do not apply.

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