7.1 Glossary of Terms
Appeal – a procedure which enables a person to challenge the decision made by a judge.
Appeal books – a collection (in electronic form) of all documents relevant to the appeal.
Appellant – a person who files an appeal.
Child welfare matter – a matter relating to the person with whom a child is to live; or with whom the child is to spend time or communicate; or any other aspect of parental responsibility.
Cross-appeal – a procedure which enables the person responding to an appeal to also challenge the decision made by a judge for a different reason.
Cross-appellant – a person who files a cross-appeal.
Draft index to the appeal book – a list of the documents which were before the primary judge, and which are relevant to the appeal.
Full Court – three judges hearing an appeal together.
List of authorities – a list containing the name and citation of previously decided legal cases.
Leave to appeal – permission required before an appeal can proceed in some cases.
Notice of Contention – document which a respondent or independent children’s lawyer must file if they contend the order should be affirmed on grounds other than those relied on by the primary judge (Rule 13.08).
Primary judge – the judge (or Family Law Magistrate in Western Australia) who made the orders being appealed.
Reasons for judgment – the reasons given by the primary judge for the orders that are made.
Respondent – the other party to the proceedings.
Single judge – the judge who hears an appeal from the decision of a judge of the Federal Circuit and Family Court (Division 2), or Family Law Magistrate in Western Australia, unless the Chief Justice directs the appeal be heard by a Full Court.
Submitting Notice – document which a respondent may file if they do not oppose the appeal (Rules 13.09 and 2.22).
Summary of Argument – an outline of the argument provided before the hearing of the appeal.
Transcript – the official written record of court proceedings.
7.2 National Appeal Registry Contacts
In addition to the National Appeal Registry, the Court has four regional appeal registries:
EASTERN (SYDNEY)
Appeals from New South Wales (except Lismore and Albury) and the Australian Capital Territory
EMAIL easternappeals@fcfcoa.gov.au
97-99 Goulburn Street Sydney NSW 2000
NORTHERN (BRISBANE)
Appeals from Queensland, the Northern Territory and Lismore
EMAIL northernappeals@fcfcoa.gov.au
Cnr North Quay and Tank Street Brisbane QLD 4000
SOUTHERN (MELBOURNE)
Appeals from Victoria, Tasmania, South Australia and Albury
EMAIL southernappeals@fcfcoa.gov.au
305 William Street Melbourne VIC 3000
WESTERN (PERTH – Family Court of Western Australia)
Appeals from the Family Court of Western Australia/Family Law Magistrate
EMAIL Appeals.FamilyCourt@justice.wa.gov.au
150 Terrace Rd Perth WA 6000
NATIONAL APPEAL REGISTRY
Chambers of the National Appeal Registrar
EMAIL national.appealregistry@fcfcoa.gov.au
7.3 Legal Advice
You should seek legal advice before deciding whether to appeal or to oppose an appeal. As appeals are complex, you will ideally obtain a lawyer to represent you, Court staff can answer questions about forms and the court process, but cannot give legal advice (see the below for contact details)
You may be able to obtain legal advice from a:
When seeking legal advice, you should have a copy of the orders and the reasons for judgment.
7.4 Personal Safety
If you have any concerns about your safety while attending court, please call 1300 352 000 ((08) 9224 8222 in Western Australia) or submit an enquiry before your court appointment or hearing. Options for your safety at court will be discussed and arrangements put in place.
Parties must inform a court if there is an existing or pending family violence order involving themselves or their children. More detail is in the brochure Do you have fears for your safety when attending court?
7.5 More Information
For more information about the Federal Circuit and Family Court of Australia:
The Court respects your right to privacy and the security of your information. You can read more about the courts’ commitments and legal obligations in the fact sheet The Court and your privacy. This fact sheet includes details about information protection under the privacy laws and where laws do not apply.
This brochure provides general information only and is not provided as legal advice. If you have a legal issue, you should contact a lawyer before making a decision about what to do or applying to the Court. The Court cannot provide legal advice.
More information about appeals in the Family Court of Western Australia can be found at Family Court of Western Australia.
