Part V, Division 4 of the Family Law Act (1975) highlights points in relation to appeal in family court. Under this Part, there are 5 Sections on family law appeals.
What is an appeal in family court of Australia? In family law, an appeal is a procedure that allows a party to request a higher authority to review their case or matter. The court hears family law appeals only in genuine instances. The other parties will also attend any hearing if the matter is relevant to them.
This means that the party requests the higher authority to first set aside the initial decision made by the Federal Circuit and Family Court of Australia or any other family court. It is important to note that family law appeals is not a simple “re-hearing” of the original matter.
Parties who are looking to appeal a matter must have a strong and valid reason to do so. For instance, they can appeal the matter if they feel that they have suffered from denial of justice. This can happen if they feel that the primary judge or family law magistrate made an error.
In this article on appeal in family court, we explore parts of the Family Law legislation that focus on appeals.
Appeal in Family Court: Section 47A and Section 47B FLA
Section 47A of the FLA outlines matters in relation to appeals from courts of summary jurisdiction. Section 47B of the Act highlights points in relation to appeals for child support matters.
Furthermore, it states that an application for leave to appeal must be made within the time prescribed by the Federal Circuit and Family Court of Australia.
Courts may make child support orders that require a parent to make child support payments to the primary carer of the child, following divorce or separation.
If you want to appeal a child support order, you must be able to show valid reasons to do so. You can argue that the order is not right if the primary judge did not consider all the facts and further evidence of the case before making the order.
You cannot appeal any matter in family law proceedings because you feel personally dissatisfied with the outcome of full court. Courts entertain family law appeal matters only if the applicant has a valid reason to appeal the case. They can also appoint an independent children’s lawyer if the family law appeals matter includes children. Let’s move on to Section 47C under the FLA.
Appeals in Family Court: Section 47C of the FLA
Section 47C is an important section under this topic as it mentions that an appeal in family court can be dismissed if there are no reasonable prospects of success.
Essentially, if an appeal has been instituted in the court, and it subsequently finds that there are no prospects for appeal to be successful, it can dismiss it.
Moreover, if the court dismisses one party’s appeal, the other party may apply to the court for orders asking for the former party (appellant) to pay for legal costs of the latter party. It is common for courts to make “costs order” against the appellant. Also, a party can cross appeal against each other.
Because there is a chance for the court to dismiss the appeal after the appeal hearing date, all appellants must first consider all the costs involved. Firstly, there is a filing fee associated with appeals. There are also costs associated with getting transcripts from the initial or procedural hearing.
This is why lawyers also advise parties to check if their reason to appeal a decision is valid and solid enough.
Section 47D and Section 47E of the FLA
Section 47D of the Act states that applicants must not bring appeals to the High Court directly from a verdict of the following courts:
- a court of summary jurisdiction of a State or Territory
- a Family Court of a state
- a Supreme Court of a state or territory constituted by a single judge
Secondly, Section 47E of the Act states that a court will have appellate jurisdiction in relation to matters arising under regulations made for the purposes of Section 111C. Section 111C discuss matters related to international agreements about adoption in family law.
Seeking Legal Advice for Family Law Proceedings
Those who wish to file an appeal in family law matters must go over the “valid” reasons to do so. Here’s a list of most commonly argued grounds for family law appeal:
- There was a denial of natural justice
Or if the family law judges or judicial officer:
- Made a decision that was wrong
- Did not consider all the evidence before making a decision
- Gave inadequate reasons for their judgement
- Failed to give procedural fairness to one or more parties
- Was biased
Moreover, as we have seen explored in this article, it is quite possible for the Federal Circuit Court and Family Court of Australia (or Family Court of Western Australia) to dismiss an appeal if it feels that it has no prospects of success. Therefore, each party must seek legal advice on their family law matter before filing for appeals. It can be a costly and complicated procedure.
At JB Solicitors, our family lawyers will go over the legal matter with you, and provide legal advice for all cases. We can provide guidance to you and help you understand whether or not your appeal case will be successful.
If you require legal advice on appeal in family court in NSW, Western Australia, Victoria or any state, contact our friendly and expert team of solicitors today.
