What Is The Appeal Process In Australia?
November 18, 2022
An appeal is a process that can enable an individual to request any important matter to be reviewed by a higher authority such as a court. In an appeal, you can ask the federal court to form a decision made by a federal circuit or family court that has an Australian judge. An appeal from the decision of an Australian judge of the federal circuit and family court of Australia is often heard by a single judge.
This is unless the chief justice directs the appeal to be heard by a full court. Some people also take the help of appeal lawyers in these cases. An appeal from the decision of a judge of the federal circuit or family court of Australia judge is heard by a full court. In this guide, you will learn more about the appeal process in Australia.
What Are The Main Stages Of An Appeal?
The main stages of an appeal are as follows:
- Within 28 days of the appeal being made, the appellant must file the notice of appeal at the proper region of the national appeal registry, pay the filing fee, and apply for a fee exemption.
- After the appeal from the decision of a judge of the federal circuit and family court of Australia is filed, it needs to be heard by a single judge unless the chief justice decides a full court will hear the appeal.
- Within two weeks of filing the appeal, the appellant must arrange for a copy of the appeal notice to be served on the respondent and the other parties.
- After 14 days of being served with a notice of appeal or under 28 days of the order being appealed. The respondent can file a notice of appeal endorsed as a cross-appeal and pay the filing fee or make an application for a fee exemption if the orders are challenged. If the respondent does not challenge the orders or oppose the appeal, they are not required to file anything except a notice of address for service to confirm the details.
- Within 28 days of the appeal being filed or the date of reasons for judgement, the appellant must file a draft index to the appeal book or serve a copy on the other parties. If the draft index is not filed timely, the appeal will be considered abandoned.
- Under 28 days after being served with a notice of appeal, if a respondent or an independent lawyer does not desire to cross-appeal but contends the orders, they need to be affirmed for various reasons than the main judge. They also need to file a notice of contention.
- Before hiring the defence lawyers, you must learn about this stage. After the draft index to the appeal books is filed, the appeal will be listed for a procedural hearing. The parties to the appeal will be made known about the hearings by a regional appeal registry. A registrar or judge might conduct the procedural hearing.
- During the procedural hearing, the judge or registrar will make orders to prepare the appeal for the hearing. This might include orders about the appeal nook to be filled and a timetable for filing the documents that will be used in the appeal.
- Under 14 days of the procedural hearing, if the respondent does not oppose the appeal. They can opt to file a submitting notice.
- The appellant will file and serve the appeal transcript and book within the date ordered at the procedural hearing. If the appellant does not file and serve the appeal book on time, the appeal will be thought to be abandoned.
- After filing the appeal book and transcript, the parties will be advised of the appeal hearing date. The appellant will file and serve a summary of the argument and the full list of authorities. The respondent can file and serve a summary of the argument and a list of all the authorities.
- During the appeal hearing, each party will present arguments to the single judge or full court judge related to the appeal.
What Will The Single Or Full Court Judges Who Will Hear The Appeal Consider?
Before you opt to hire a top criminal appeals lawyer, you need to learn about the things that judges will consider. The judges will take into account the following:
- They will read the notice of appeal, the summaries of the argument and the reasons for judgement.
- They will read the documents in the appeal book.
- They will read the transcript.
- Listen to the arguments from both sides.
As an appeal is not considered a rehearing of the original case, the judges will not do the following:
- They will not consider anything that was not before the main judge, except in some special cases
- They will not hear parties or witnesses providing evidence.
What Does An Appellant Need To Establish?
To be successful in an appeal from court, the appellant must convince the judges that the main judge made a mistake. And the decision must be set aside. This can be done by displaying that the main judge did the following:
- They applied the wrong principle of law.
- They found a fact on an essential issue that is not supported by any evidence.
- They took into account a consideration that is improper or irrelevant.
- They used their own discretion to arrive at a certain decision that was wrong.
A finding of fact is like the following:
- A finding that a specific event did or didn’t happen.
- A certain thing was either said or not said.
- A certain something has a specific value, such as your house.
A judge will use discretion when they must weigh up to various relevant factors. To be successful in an appeal. It is not enough to display that another judge has weighed up specific factors differently. And has come to a different result. You need to do a lot more in such cases and can take the help of a lawyer for success.
Contact Criminal Defense Lawyers Perth WA
Read the blog given above to learn more about the appeal process in Australia; if you desire legal help to ensure success in such cases, contact Criminal Defence lawyers Perth. They are a reputed law firm that can provide you with the best lawyers for needed advice in such cases.
Due to the experience and expertise of the lawyers, they can guarantee the success of your appeal case.