An appeal is a judicial process whereby a party requests a higher court to reconsider and reverse a lower court's ruling. The appellate court does not re-try the case or hear new evidence; rather, it determines if the initial ruling contained legal mistakes.
Types of Appeals
Civil Appeals – Disputes regarding contracts, property, family law decisions, or money.
Criminal Appeals – Appeals from convictions or sentences.
Administrative Appeals – Appeals against government decisions, e.g., visa refusals.
Family Law Appeals – Appeals in parenting and money matters determined by the Federal Circuit and Family Court of Australia.
Courts That Deal With Appeals
Federal Circuit and Family Court of Australia – Deals with family law appeals.
State Supreme Courts – Deal with appeals from lower courts.
Federal Court of Australia – Reviews federal legal issues.
High Court of Australia – Australia's highest appeal court.
Can You Represent Yourself in an Appeal?
Yes, you are entitled to represent yourself in an appeal. But the question is: Should you? It is important to know the implications of self-representation before deciding.
Pros of Self-Representation in an Appeal
Cost Savings: It is costly to hire a lawyer, and the cost depends on the case's complexity. Representing yourself saves you legal fees.
Complete Control of Your Case: You are in charge of your legal arguments and presentation without relying on a lawyer's style.
Freedom in Legal Strategy: You are free to present your case as you wish, without adhering to a lawyer's strategy that does not suit your view.
No Risk of Miscommunication: You personally manage all submissions and arguments to the court, eliminating possible miscommunication between you and an attorney.
Disadvantages of Self-Representation in an Appeal
Legal Sophistication
Appeals involve a good grasp of the law, court procedures, and legal precedents.
The appellant must prove a legal flaw in the initial decision.
Stringent Court Rules and Timelines
Courts have stringent procedural rules for submissions, evidence, and timeframes.
Failing to meet deadlines or presenting improper documents will have an appeal denied.
Inadequate Legal Skills
Lawyers are formally educated in advocating through persuasive argumentation and process technicalities.
Lacking proper training in the law, you will be likely unable to argue convincingly to a judge.
Emotional Connection
Self-represented clients frequently have problems with objectivity.
Emotional involvement can prevent rational decision making and thus, effective advocacy.
Chances for a Worse Outcome
An improperly conducted appeal can lead to a more adverse decision than the initial ruling.
Sometimes failed appeals can have added legal expenses, such as being required to pay the other party's attorney's fees.
Steps to Representing Yourself in an Appeal
If you choose to represent yourself, the following steps are the procedure:
Step 1: Determine Grounds for Appeal
Find legal mistakes in the initial decision.
General grounds for appeal are procedural missteps, misconstruction of law, or unfair treatment by the court.
Step 2: Lodge a Notice of Appeal
Appeals are to be lodged within strict timelines, typically 21 to 28 days after the court has ruled.
The Notice of Appeal should state certain grounds of law and be lodged with the appellate court.
Step 3: Submit Appeals
Write legal arguments referring to appropriate case law and legislation.
Submissions must be brief, rational, and adhere to court rules of format.
Step 4: Go to Court Hearings
The appellate court will hold a hearing where you will have to make your case.
Prepare for tough questions from judges and be ready to defend your arguments succinctly.
Step 5: Wait for the Court's Ruling
Following the hearing, the court can give a judgment on the spot or defer its decision to a future date.
When Should You Think About Hiring a Lawyer?
While self-representation is possible, certain situations make hiring a lawyer advisable:
Complex Legal Issues – If your appeal involves intricate legal principles, a lawyer’s expertise is invaluable.
High-Stakes Cases – If the appeal outcome significantly impacts your finances, freedom, or family, legal representation is crucial.
Limited Knowledge of Legal Procedures – If you're unfamiliar with court rules, a lawyer ensures compliance.
Risk of Cost Consequences – If you lose the appeal, you could be required to pay the other side's legal expenses.
Alternative Legal Support Options
If engaging a private lawyer is not affordable, look at the following alternatives:
Legal Aid – For eligible individuals in criminal and family law matters.
Pro Bono Services – Some lawyers provide free legal advice through bodies such as the Law Council of Australia.
Community Legal Centres – Offer free advice to low-income earners.
Although you can act on your own behalf during an appeal, it is an arduous and high-risk undertaking. The appeals procedure is legally technical, and errors can be disastrous. If you are certain you possess the requisite legal skill and knowledge to comply with court procedures, self-representation could be a viable solution. But for everyone else, employing a skilled litigation lawyer is the optimal means of ensuring success.
Going through the appeals process alone can be daunting. New South Lawyers provides specialist litigation services to make sure your appeal is processed properly.
