When you watch the daily news, you may hear about someone who is appealing a decision made by a Court. Have you ever wondered what an appeal is and how they work?
Under the Federal Court of Australia Act 1976, courts can hear appeals in regards to:
- Judgments (decisions) of a single Judge in the Federal Court;
- Judgments of a Supreme Court of a Territory other than the ACT or NT;
- Certain judgments of the courts of a State, the ACT or NT; and
- Certain judgments of the Federal Circuit Court.
Appeals in State Courts are heard by the court above. Appeals from the Magistrate Court are heard by the District Court and appeals from the District Court are heard by the Supreme Court.
To be successful in an appeal, you must prove that the Judge made an error in the original case. Types of errors can include:
- Where an incorrect principle of law was applied; or
- Where a finding was made that could not be supported by the evidence produced.
Written by Shine Lawyers. Last modified: January 10, 2016.