Appeals

If you are unhappy with a decision made by a court or tribunal you may be able to appeal the decision.

    ​What ​​is an appeal?

    An appeal involves an application to have the decision of a court or tribunal cancelled or changed. An appeal may result in an internal review of the decision, for example, by an appeals panel, or it may involve a higher court looking at the decision again.

    Whether you can appeal and what parts of the decision you can appeal against, varies between different types of cases.

    Time limits

    There is usually a time limit for filing an appeal. It is commonly 21 or 28 days from the date of the decision. In some cases, the court hearing the appeal can choose to extend the time limit.

    If you want to appeal a decision, you should get legal advice.

    Who decides an appeal?

    Who hears your appeal will depend on which court or tribunal heard your case and what your case was about. There are some types of cases where you have no right of appeal.
    For a guide on where you may be able to appeal to, see the table below.

    ​​Court or tribunal​Appeal to
    ​Local Court​District Court
    ​District Court​Supreme Court
    ​Supreme Court​Court of Appeal
    ​NSW Civil and Administrative Tribunal (NCAT)​Appeals panel of NCAT
    Fair Work Commission (the Commission)Full Bench of the Commission
    Federal Circuit CourtFederal Court

    Alert iconIf you are not sure whether you can appeal, you should get legal advice.

    Alert iconBefore you file an appeal, you should get legal advice. You will need advice about:​

    • whether you have a right to appeal
    • what the time limit is for the appeal
    • whether there are any restrictions on that particular kind of appeal
    • whether your appeal is likely to be successful
    • what costs you are likely to pay if you win the appeal, and if you lose the appeal. ​