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.
An Affidavit stating the facts relied upon in this application must also be filed.
Filing with the Court
The application and affidavit can be filed by email to the National Appeals Registry, which has four locations:
- BRISBANE - firstname.lastname@example.org
(Appeals from Queensland, the Northern Territory and Lismore)
- SYDNEY - email@example.com
(Appeals from New South Wales (except Lismore) and the Australian Capital Territory)
- MELBOURNE - firstname.lastname@example.org
(Appeals from Victoria, Tasmania and South Australia)
- PERTH - Appeals.FamilyCourt@justice.wa.gov.au
(Appeals from the Family Court of Western Australia)
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?.
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.