Appealing the decision – Defendant

If you are unhappy with the decision of the Local Court, you may be able to appeal to the District Court within 28 days.

The applicant or protected person may also appeal to the District Court within 28 days. You will be notified if the applicant or protected person appeals the Courts decision.

Before appealing a decision, you should get legal advice.

When you can appeal

You may be able to appeal if:

• an AVO is made against you
• a costs order is made against you
• the Court dismisses your Annulment Application
• the AVO is varied by the Court
• the Court dismisses an application to vary or revoke the AVO. 

Appealing the Court's decision to make an AVO doesn't automatically stay (stop) the operation of the AVO. You can apply to the Court for an order to stay the AVO. The Court will only make a stay order if it will not affect the safety of the protected person or any other person.

Applicant or protected person appeals

The applicant may be able to appeal if:

• their application for an AVO is dismissed
• a costs order is made against them
• the Court dismissed their Annulment Application
• the AVO is varied or revoked
• the Court dismissed an application to vary or revoke the AVO.

If the protected person is over 16 years of age, they may be able to appeal if:

• the AVO is varied or revoked
• the Court dismisses an application to vary or revoke the AVO.

A protected person under the age of 16 years can’t appeal a decision of the court.

How to apply

You will need to complete a Notice of Appeal to the District Court.

You can get a copy of this form from:

• your nearest Local Court
• the Forms page on the Local Court website.

In your form, you must state the general grounds (the reason) for your appeal.

Once you have completed your form, you must file it at a Local Court registry and pay the filing fee.

You can file your completed form at any Local Court in NSW:

• in person
• by post
• by fax
• by email.

If you file your form by post, fax or email, it won’t be processed until you have paid the filing fee.

If you are experiencing financial hardship, you may be able to apply to have your filing fee postponed, waived or remitted.

For more information, see Fees on the Local Court of NSW website.

Once the registry has processed your form, it will notify you when your appeal will be heard. The registry will also notify the other parties of your appeal.

Leave to appeal

You will need to seek leave (permission) of the District Court to appeal if:

• you consented to the Final AVO and now want to appeal
• you want to appeal more than 28 days after, and within three months of, the Local Court’s decision.

How to apply

You need to complete an Application for Leave to Appeal.

You can get a copy of this form from:

• your nearest Local Court
• the Forms page on the Local Court of NSW website.

In your form, you must explain why you didn’t file an appeal within 28 days.

You must file this form at the same time you file your Notice of Appeal to the District Court.

The Court’s decision

After hearing your application, the Court may:

• dismiss your application, or
• grant you leave to appeal.

The Court will grant you leave to appeal if it is in the interests of justice to do so.

Costs

If the Court dismisses your Application for Leave to Appeal, it can make a costs order against you. This means you may have to pay the legal costs of the other party.

The hearing

Normally, your appeal will be a re-hearing of the evidence that was given at the first hearing. The Court will decide your case based on the transcripts from the first hearing and any submissions made by yourself and the other party.

In limited circumstances, the Court can let new evidence be admitted but only where it is in the interests of justice to do so.

You and the other party are entitled to one free copy of the transcript of evidence relevant to the appeal and, if fresh evidence is given, one free copy of the transcript of the fresh evidence.

To get a copy of the transcript from the Local Court hearing, you can:

• apply through the Online Registry website, or
• complete a Transcript Order Form.

For more information, see Transcripts on the Local Court of NSW website.

Legal representation

You don’t need to have legal representation at your appeal. You can represent yourself. If you want to have legal representation, you will need to arrange for a private lawyer to represent you.

The decision

If you appeal the Local Court’s dismissal of your Annulment Application, the District Court may:

• grant your application and send your case back to the original court to be re-heard, or
• dismiss your application.

If you appeal any other decision, the Court may:

• set aside the AVO
• dismiss your appeal
• vary the AVO.

Costs

A court may make a costs order against you if your appeal is dismissed.