In the Australian legal system, litigation can be complex, particularly when a party seeks to challenge a decision. Two key legal processes for challenging decisions are appeals and reviews. While both mechanisms allow parties to dispute a legal ruling, they serve different purposes, follow distinct procedures, and have separate legal implications. This article will explore the difference between an appeal and a review, their significance in litigation, and how they impact court decisions in Australia.

What is an Appeal?

An appeal is a formal process by which a higher court is asked to review a lower court’s decision based on errors in law or procedure. Appeals typically arise when a party believes that a judge has made a mistake in applying the law, misinterpreted legal principles, or failed to consider critical evidence appropriately.

Key Features of an Appeal:

• Focus on Legal Errors: Appeals do not reconsider all facts but focus on whether the law was applied correctly.
• Higher Court Review: Appeals are handled by superior courts, such as the Federal Court of Australia or the High Court.
• Strict Time Limits: There are statutory deadlines within which an appeal must be lodged.
• Outcome Possibilities: The appellate court may uphold, overturn, or modify the original decision.

Examples of Appeals in Australia:

• Appealing a conviction in a criminal case to the Supreme Court.
• Challenging a family law decision at the Full Court of the Federal Circuit and Family Court.
• Appealing an administrative tribunal’s decision in a higher judicial body.

What is a Review?

A review is a process in which a decision made by an administrative body or lower court is examined for procedural fairness and legal compliance. Reviews assess whether the original decision was made in accordance with legal principles rather than re-examining the facts.

Key Features of a Review:

• Focus on Procedure: Reviews ensure that legal procedures were followed correctly and that the decision was lawful.
• Conducted by Tribunals or Courts: Reviews are often handled by bodies such as the Administrative Appeals Tribunal (AAT) or the Federal Court.
• No New Evidence Considered: Unlike an appeal, a review does not introduce fresh evidence but examines how the decision was reached.
• Possible Outcomes: A review may result in confirmation, modification, or annulment of the original decision.

Examples of Reviews in Australia:

• A judicial review of a visa refusal by the Administrative Appeals Tribunal (AAT).
• A review of government agency decisions under the Freedom of Information Act.
• A Federal Court review of a regulatory body’s ruling on professional misconduct.

Appeal vs Review: Key Differences

Feature	Appeal	Review
Purpose	To challenge errors of law or fact in a court decision	To ensure procedural fairness and legality
Who Conducts It?	Higher courts such as the Federal or High Court	Tribunals or courts with review jurisdiction
Evidence Considered?	Typically based on existing records, rarely introduces new evidence	No new evidence, focuses on procedural correctness
Possible Outcomes	Decision may be upheld, reversed, or modified	Decision may be affirmed, remitted, or overturned
Time Limits?	Strict statutory timeframes	Often more flexible depending on legislation

Understanding the Litigation Process in Australia

The litigation process in Australia follows a structured framework, ensuring that disputes are resolved fairly. Appeals and reviews play a crucial role in maintaining judicial integrity and accountability.

The Role of Higher Courts in AppealsAppeals are typically heard by higher courts, such as:

• State and Territory Supreme Courts – Handling serious civil and criminal appeals.
• Federal Court of Australia – Reviewing decisions from federal tribunals and lower courts.
• High Court of Australia – The ultimate appellate court in Australia.

The Role of Tribunals in ReviewsReviews are commonly undertaken by tribunals such as:

• Administrative Appeals Tribunal (AAT) – Reviews decisions made by government agencies.
• Fair Work Commission – Handles employment-related disputes.
• Migration Review Tribunal – Reviews immigration and visa decisions.

When Should You Appeal or Seek a Review?

Consider an Appeal If:

• You believe there was a significant error of law in your case.
• The court misapplied legal principles affecting your outcome.
• There is evidence that legal rights were incorrectly adjudicated.

Consider a Review If:

• You suspect procedural unfairness in the decision-making process.
• You believe the authority acted beyond its legal power (ultra vires).
• You are dealing with administrative decisions rather than judicial rulings.

Legal Assistance in Appeals and Reviews

Both appeals and reviews require specialist legal expertise to navigate complex legal principles and procedural rules. Seeking assistance from litigation lawyers can significantly increase your chances of a favourable outcome.

How Can a Litigation Lawyer Help?

• Assess the viability of an appeal or review.
• Prepare legal arguments and draft necessary documentation.
• Represent you in court or tribunal proceedings.
• Guide you through litigation procedures to ensure compliance with legal timelines.

Common Misconceptions About Appeals and Reviews

Appeals and Reviews are the SameWhile they both challenge decisions, appeals focus on legal errors, whereas reviews assess the fairness of the decision-making process.

You Can Appeal Any DecisionNot all decisions are appealable. Some rulings can only be reviewed under limited circumstances.

Reviews Consider New EvidenceReviews do not reassess factual evidence but ensure procedural correctness in decision-making.

External Resources for More Information

For further guidance on appeals and reviews in Australian litigation, consider these official resources:

• Federal Court of Australia
• High Court of Australia
• Australian Law Reform Commission

Understanding the difference between an appeal and a review is crucial in Australian litigation. While appeals challenge errors in law and procedure, reviews ensure fairness in administrative decision-making. If you are facing a legal dispute and need expert guidance, consulting a litigation lawyer can provide you with the best legal strategy.

Contact New South Lawyers today. Our expert litigation team can guide you through the legal process, ensuring the best possible outcome.