This form is filed together with the Notice of Appeal when:
- Seeking leave to file out of time
- Urgency – a cover letter must also be filed setting out the circumstances of the urgency.
- Adduce further evidence
- Costs if not sought immediately after the appeal.
Unless this is an application under Rule 13.40, you must file an Affidavit – Family law and child support with this Application in an Appeal stating the facts relied on in support of the application.
Note: Filing an Application in an Appeal seeking the review of an Appeal Judicial Registrar’s decision without an Affidavit in Support is not currently supported by the Commonwealth Courts Portal. If you wish to seek the review of an Appeal Judicial Registrar’s decision and do not want to file an Affidavit in Support, please email your completed application to national.appealregistry@fcfcoa.gov.au
Filing with the Court
The application and affidavit should be electronically on the Commonwealth Courts Portal. If for some reason you cannot eFile, you can file by attending or posting to the relevant regional appeal registry:
- BRISBANE (Appeals from Queensland, the Northern Territory and Lismore)
- SYDNEY (Appeals from New South Wales (except Lismore) and the Australian Capital Territory)
- MELBOURNE (Appeals from Victoria, Tasmania and South Australia)
- PERTH (Appeals from the Family Court of Western Australia and the Magistrates Court of Western Australia)
If you are appealing from the Family Court of Western Australia, or the Magistrates Court of Western Australia, you will need to register on the Commonwealth Courts Portal. For more information see: How do I register for the Commonwealth Courts Portal?.
Note: As of 9 December 2024 the National Appeal Registry no longer accepts appeal documents via email, unless approved by order of the court, or to accommodate accessibility requirements.
Service
The Application in an Appeal and Affidavit must be served on any other parties within 14 days of filing by ordinary service. For more information about service and a step-by-step guide see How do I serve family law documents?.
Legal advice
To understand your legal rights and responsibilities you should obtain legal advice. A lawyer can explain how the law applies to your case and assist you to complete forms and lodge documents. The Court is unable to provide legal advice because to do so would seriously compromise its ability to impartially determine your case. There are several free services available. See Find a lawyer for more information.
