Not every decision can be appealed, and not every appeal will succeed. To appeal, you must usually show that:

• The judge made an error in applying the law.
• Important evidence was overlooked or wrongly considered.
• The decision was unreasonable or plainly unjust.

Family law appeals have strict timelines. Act quickly to protect your appeal rights. In most cases, you need to:

• File a Notice of Appeal within 28 days of the order being made.
• If you miss this deadline, you’ll need to apply for an extension of time, which is not always granted.

The process begins by lodging a Notice of Appeal with the Federal Circuit and Family Court of Australia (Division 1). You’ll also need to pay a filing fee.This form outlines:

• Which orders you’re appealing.
• The legal or factual errors you believe occurred.
• What outcome you’re asking the appeal court to make.

You’ll usually be required to prepare and file appeal books, which contain all the documents and evidence the court will consider.

These include:

• Court orders
• Transcripts of hearings
• Relevant affidavits, reports, and exhibits

The appeal court generally does not accept new evidence unless there are exceptional circumstances.

At the hearing, each side presents arguments to the appeal judges. Unlike a trial, there are no witnesses called. Instead, the focus is on whether the trial judge made an error.

Possible outcomes include:

• Appeal dismissed (the original orders stand).
• Appeal allowed (the decision is overturned or altered).
• Remitted (sent back to the trial court for rehearing).

If your appeal is unsuccessful, you may be ordered to pay the other party’s legal costs. It’s important to weigh the financial and emotional costs of an appeal before proceeding.
Tips for a Stronger Appeal

Seek legal advice early
Appeals are complex, and professional guidance can help assess your chances of success.

Act quickly
The 28-day limit is strict.

Be realistic
Focus on actual legal errors, not just dissatisfaction with the outcome.

Prepare thoroughly
Appeal judges rely heavily on written submissions and documentation.

Appealing a Family Court decision is a serious step and not one to take lightly. While the process provides a way to correct errors, it can be demanding and costly. Getting tailored advice from a family lawyer can help you understand whether an appeal is the right path for your situation.