Which court should I appeal to after receiving the decision?

If you are dissatisfied with a court decision in New South Wales, you may have the option to appeal to a higher court. Appealing a court decision in NSW has both advantages and disadvantages. Some of these include:

Advantages:

• Chance to Correct Errors: The appeal process provides an opportunity to correct any errors made by the lower court, whether it was due to a misapplication of law or a mistake in the factual findings.
• Review of Legal Issues: Appeals courts review legal issues that are raised in the case, which can clarify legal principles and help establish precedents that can guide future decisions in similar cases.
• Additional Evidence: In some cases, new evidence may be presented during the appeal that was not presented in the lower court, which may strengthen the case.
• Delay in Enforcement: Once an appeal is filed, the decision of the lower court is not enforced until the appeal is heard and decided, which can give parties more time to negotiate or settle the dispute.

Disadvantages:

• Additional Time and Expense: Appealing a court decision is time-consuming and can be expensive, as the process involves additional court hearings, legal fees, and expenses.
• No Guarantee of Success: There is no guarantee that an appeal will be successful, and the decision of the lower court may be upheld, which means the party appealing would have gone through the time and expense for no benefit.
• Limited Grounds for Appeal: In some cases, the grounds for appeal may be limited, and the higher court may only review legal issues or errors of law, and not factual findings or witness credibility.

It’s important to consider these factors before deciding whether to appeal a court decision in NSW, and we set out the structure for appeals in NSW.

Appeals from Local Court decisions

If you are dissatisfied with a decision made in the Local Court’s Small Claims Division, you may appeal to the District Court within 28 days of receiving the decision. Appeals from the General Division are heard in the Supreme Court. In both cases, you may only appeal on specific grounds. For the Small Claims Division, the grounds are lack of jurisdiction or denial of procedural fairness. For the General Division, the only ground for appeal is a question of law, and you must seek leave to appeal on other grounds.

Appeals from District Court decisions

If you are unhappy with a decision made in the District Court, you may appeal to the Court of Appeal, which is part of the NSW Supreme Court and serves as the final court of appeal in the state. You may only appeal on a question of law, and you must seek leave to appeal on other grounds.

Appeals from Supreme Court decisions

If you wish to appeal a decision made by the Supreme Court, including the Court of Appeal, you may apply to the High Court of Australia. However, the High Court only hears matters of public and general importance, and you must obtain the court’s leave to appeal. Once a decision has been made by the High Court, it is considered final.

Biz Lawyers & Advisory understands that every case is unique and requires an individual approach. We offer personalised service to our clients, taking the time to understand their specific needs and concerns. This approach ensures that we can provide tailored advice and representation to each client.

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