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.
| Local Court | District Court or Supreme Court
|
| District Court | Supreme Court |
Supreme Court
| Court of Appeal |
Administrative Appeals Tribunal
| Federal Circuit and Family Court or Federal Court
|
| NSW Civil and Administrative Tribunal (NCAT) | Appeals panel of NCAT, then Supreme Court
|
| Fair Work Commission (the Commission) | Full Bench of the Commission, then Federal Court |
| Federal Circuit and Family Court | Federal Court, then High Court |
Before you file an appeal, you should get
legal advice. You will need advice about:
- whether you have a right to appeal
- whether you need leave (permission) to appeal
- what the time limit is to 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.