This piece discusses the process of appeals in state and federal courts, the main differences between them, and what a litigant must take into consideration when appealing a court ruling.
The Structure of the Australian Court System
State CourtsEvery Australian state and territory has its own court system, which consists of lower courts (like the Magistrates' Court or Local Court), intermediate courts (District or County Courts), and Supreme Courts. Appeals can progress from one court to the next, eventually reaching the High Court of Australia in exceptional cases.
Federal CourtsThe federal judiciary handles cases that are within Commonwealth legislation, such as constitutional issues, taxation, immigration, and company law. The main federal courts are:
Errors of law (misapplication or misinterpretation of legal principles)
Errors of fact (misinterpretation of facts)
Procedural fairness problems
Unreasonable judgments
Appealing from a Lower CourtThe majority of appeals start in the District Court (or County Court) when appealing against judgments handed down by the Magistrates' or Local Court. Where a party is not satisfied with a District Court judgment, the party may appeal to the Supreme Court.
Appeals to the Court of AppealEvery state has a Supreme Court with a Court of Appeal, which decides cases of serious error of law or substantial public interest.
Appealing to the High CourtThe High Court of Australia is the apex court for state cases, but appeals are only entertained with special leave, given only for cases in issues of important principles of law or issues of national importance.
How Appeals Work in Federal Courts
Grounds for AppealAs with state courts, appeals in federal courts have to be grounded on:
Legal mistakes
Misunderstanding of legislative provisions
Procedural flaws
New evidence that was not available previously
Federal Circuit and Family Court of Australia AppealsFCFCOA – Division 2 appeals from the Federal Circuit and Family Court of Australia go to the Federal Court of Australia or the Full Court of the Family Court, depending on the issue.
Appeals from the Federal CourtThe Australian Federal Court listens to appeals of lower federal courts and tribunals. Where a party is not content, it may apply for leave to appeal to the Full Federal Court of a number of judges.
High Court Appeals in Federal CasesThe High Court of Australia is the last federal court of appeal. Similar to state issues, special leave is needed for appeals, and only those cases with great juridical significance are considered.
Fundamental Differences Between State and Federal Appeals
Jurisdiction and Scope
State courts deal with criminal law, personal injury, family law (excluding marriage and divorce), property disputes, and city government cases.
Federal courts handle Commonwealth cases, for example, constitutional issues, immigration, taxation, and company law.
Appeals Process
State appeals start from intermediate courts and advance to Supreme Courts and the High Court.
Federal appeals exist under a hierarchical system through the Federal Circuit and Family Court, the Federal Court, and the High Court.
Special Leave to Appeal to the High Court
Both state and federal appeals to the High Court necessitate special leave.
The High Court gives precedence to cases of national importance or those with significant legal precedents.
Litigant Considerations When Appealing
Time Limits and Procedural RequirementsAppeals have to be filed within tight time limits, which differ between jurisdictions. For instance:
State Courts: Appeals from Magistrates' Courts generally need to be filed within 28 days.
Federal Courts: Appeals to the Full Court of the Federal Court usually need to be filed within 21 days.
High Court: Special leave applications should be filed within 28 days.
Legal Representation and CostsAppeals are often difficult and costly. Legal representation is important to securing a good appeal, particularly in arguing legal errors. Costs may involve:
Filing fees
Legal fees
Transcript costs
Possible cost orders if the appeal fails
Likelihood of SuccessPrior to appealing, litigants ought to gauge the appealability of their case with a lawyer. Appeals are not re-hearing cases in full but for legally errors only, and thus it would be hard to reverse a lower court ruling without solid reasons.
It is imperative that anyone involved in litigation comprehend the appeals process in state and federal courts. Although the general principles of appeals are the same, the form, jurisdiction, and legal procedures vary between federal and state levels.
If you are considering an appeal, consulting with an experienced litigation lawyer can help you navigate the complexities of the legal system and improve your chances of success.
Contact New South Lawyers today to discuss your case and explore the best legal strategies for your appeal.
