A party appealing must prove that there was a legal mistake in the initial ruling. These mistakes tend to fall into one of a few general categories.
Procedural Errors
Procedural fairness is a fundamental element of the Australian justice system. If a trial judge or tribunal does not abide by due process, the case can be reversed on appeal.
Examples of Procedural Errors:
Denial of natural justice – Where a party is not afforded an opportunity to place their case in its entirety.
Improper exclusion of evidence – The rules of evidence should be applied by the courts appropriately.
Failure to provide reasons for judgment – Judges have to provide reasonable reasons for their judgments.
Case Example:One of the parties to a commercial case was deprived of the opportunity to call a material witness, much to the detriment of their case. The court of appeal ruled that this amounted to a denial of natural justice, and hence the appeal succeeded.
Misapplication of the Law
A basic basis of appeal is where the trial judge misapplies or misinterprets the law. This includes incorrect interpretation of statutes, a failure to apply binding precedents, or misdirection of a jury.
Examples of Legal Misapplication:
Incorrect statutory interpretation – Misinterpretation of legislation or case law.
Failure to apply binding precedents – The superior court's ruling must be followed by the lower courts.
Erroneous jury instructions – Providing incorrect legal directions to a jury can result in appeals.
Case Example:In a family law matter, a trial judge erroneously interpreted property settlement provisions under the Family Law Act 1975 (Cth). The appeal court overturned the erroneous interpretation, revising the ultimate asset division.
Evidentiary Errors
Judicial rulings need to be grounded in admissible and credible evidence. Where courts rely on incorrect evidence or refuse correct evidence, an appeal can be justified.
Common Evidentiary Issues:
Improper admission of hearsay evidence
Failure to admit relevant expert testimony
Overreliance on prejudicial evidence
Case Example:A criminal conviction was reversed because the trial judge permitted a witness to give testimony that communicated second-hand information, contrary to rules of hearsay.
Errors of Sentencing in Criminal Cases
Sentencing mistakes in criminal cases tend to be successful appeals. Sentences should be proportionate, within guideline rules, and well justified.
Not taking into account mitigating or aggravating circumstances
Getting sentencing principles wrong
Case Example:An appeals court lowered a defendant's sentence after a trial judge did not take into account rehabilitation potential.
Ineffective Legal Representation
Defendants are entitled to effective legal representation. Where the negligence or incompetence of an attorney impacts the outcome of a trial, an appeal can succeed.
Examples of Ineffective Representation:
Failure to produce important witnesses
Inadequate legal strategy resulting in unfavorable results
Omission to bring major legal arguments
Case Example:A defendant in a civil trial successfully appealed after proving that their attorney didn't present key evidence that might have had an impact on the verdict.
Bias or Judicial Misconduct
Judges must remain impartial. Any indication of prejudice or misconduct results in a successful appeal.
Examples of Judicial Bias:
Personal relationships with a party to the case
Prejudicial remarks in court
Uneven treatment of parties
Case Example:A judge repeatedly made comments favorable to one party during a trial. The appeal court held this gave rise to an appearance of bias, which necessitated a retrial.
Errors in Jury Verdicts
Jury verdicts should be founded on facts and instructions by the law. Where a jury makes a verdict on the basis of incorrect information, an appeal is possible.
Typical Errors of the Jury:
Misinterpretation of judge's instructions
Use of external information (e.g., influence of media)
Not considering all evidence
Case Example:A criminal conviction was reversed after jurors were found to have done their own online research outside of court, contravening procedural fairness.
New Evidence on Appeal
Occasionally, new evidence appears which was unavailable at the initial trial. This may be sufficient for an appeal if it is credible and pertinent.
Key Things to Consider with New Evidence Appeals:
The evidence could not reasonably have been obtained at trial.
It is related to the outcome of the case.
It has to be reliable and credible.
Case Example:An individual unjustly convicted of a crime brought DNA evidence unavailable during the trial, which resulted in an appeal acquittal.
Key Takeaways
Errors of law arise at several levels of litigation, yet not all errors result in winning appeals. Knowing the most prevalent reasons for appeal—ranging from procedural missteps to judicial mistakes, evidentiary issues, and sentencing calculation errors—can assist legal practitioners in preventing risks during litigation.
Avoiding Litigation ErrorsIn order to reduce the risk of appealable errors, parties must:
Use seasoned legal counsel to present all arguments in the best possible light.
Adhere strictly to procedural rules to prevent technical dismissals.
Develop robust evidentiary support to survive appellate scrutiny.
Obtain early legal advice to minimize the risk of expensive litigation errors.
If you’re involved in litigation or considering an appeal, securing expert legal guidance is essential. New South Lawyers has extensive experience in handling complex litigation and appeals.
Contact New South Lawyers today to ensure your legal rights are protected and your case is presented effectively in court.
