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If you are unhappy with the decision of the Local Court, you may be able to appeal to the District Court within 28 days.
If a Final Apprehended Violence Order (AVO) is made, the defendant may appeal to the District Court within 28 days. You will be notified if the defendant appeals the Courts decision.
Before appealing a decision, you should get legal advice.
If you are the applicant, you may be able to appeal if:
If you are the protected person, and you are over 16 years of age, you may be able to appeal if:
A protected person under the age of 16 years can’t appeal a decision of the court.
If the defendant appeals the AVO, they can apply to the Court for an order to stay (stop) the operation of the AVO until the appeal is heard. The Court will only make a stay order if it will not affect the safety of the protected person or any other person.
You will need to complete a Notice of Appeal to the District Court form and pay the fee.
You can get a copy of this form from:
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:
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.
You will need to seek leave (permission) of the District Court to appeal more than 28 days after, and within three months of, the Local Court’s decision.
You need to complete an Application for Leave to Appeal.
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.
After hearing your application, the Court may:
The Court will grant you leave to appeal if it is in the interests of justice to do so.
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.
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:
For more information, see Transcripts on the Local Court of NSW website.
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.
If you appeal the Local Court’s dismissal of your Annulment Application, the District Court may:
If you appeal any other decision, the Court may:
A court may make a costs order against you if your appeal is dismissed.