Many family law litigants find themselves unhappy with Orders made by the Court. Such unhappiness may arise at the interim stage of proceedings, or at the conclusion of a final hearing after a trial.
It is important to understand that Registrars and Judges in the Family Law system in Australia are specialists in their field, and also generally have a lot of discretion in their decision-making process when deciding the case before them. Often the decisions being made are in the context of complicated and conflicting law and legal precedents, plus extremely complex factual and evidentiary circumstances.
However nonetheless, despite this, it is often worthwhile to consider if a decision that has been made can be appealed. The grounds for appeal of family law decision made by a Court deciding family law case in Australia are limited, however in certain circumstances the Court can hear a case completely anew, the Court can re-determine a case based on fresh evidence, or the Court can determine if the previous Judge (or Judges) made an error when interpreting or applying the law relevant in the Case.
At Sanicki Lawyers, we can assist you by providing legal advice regarding your prospects of successfully appealing a Registrar’s or Judge’s decision, and providing representation for bringing an appeal. Such advice and representation needs to be obtained very quickly upon a Registrar’s or Judge’s decision being handed down, as there are strict time limits for the filing of Appeals.
If you are dissatisfied with a decision made by the Court and you would like advice on whether or not the decision is appealable, the family law team at Sanicki Lawyers can help you.
Please email Stephanie Hope – Senior Associate Lawyer and Head of Family Law at Sanicki Lawyers at firstname.lastname@example.org, or call 03 9510 9888 today – to arrange a confidential discussion.