The Court of Appeal is a division of the Supreme Court and hears all appeals from the Supreme and District Courts, and many tribunals. Show The section provides information about making an appeal to the Court of Appeal, including the required forms and resources to help you. Find out how to appeal decisions in other courts. About the Court of AppealThe appeal processSearch and copy documentsFees informationFormsResources and legislationContacts - Court of AppealJudges of the Court of AppealCOVID-19 response - Supreme Court
The Federal Circuit and Family Court of Australia was established by the Federal Circuit and Family Court of Australia Act 2021, bringing together the Family Court of Australia and the Federal Circuit Court of Australia. The Court comprises two divisions. Division 1 is a continuation of the Family Court of Australia and deals only with family law matters including appeals. Division 2 is a continuation of the Federal Circuit Court of Australia and deals with family law, migration and other general federal law matters. The Court has a registry in Perth for general federal matters only.
The ACT Supreme Court and ACT Magistrates Court have resumed normal operations for all matters.
Prior to the creation of the Court of Appeal, appeals lay to the High Court (from 1934 until 1977) and then to the Federal Court of Australia (from 1977 until 2002). The Court first sat on 31 October 2001 and its first delivered judgment was Suffolk v Meere [2002] ACTCA 1, 28 March 2002. Following the commencement of the Jurisdiction of Courts Legislation Amendment Act 2002 (Cth), which amended the Federal Court of Australia Act 1976 (Cth), the ACT Court of Appeal exercises full general appellate jurisdiction, including the hearing of appeals from judgments (in both criminal and civil matters) of single judges of the Supreme Court and the Master. The ACT Court of Appeal consists of the four resident judges and eighteen additional judges of the Supreme Court each of whose primary commission is as a judge of the Federal Court of Australia. Except in limited case, as set out in section 37H of the Supreme Court Act 1933, the Court of Appeal is constituted by three judges. Unless it is impractical to do so one of the three judges must be a resident judge. With the retirement of Justice Gray in 2011 the office of the President of the Court of Appeal has since been abolished. Justice Gray was appointed President of the Court of Appeal on 21 December 2007. The first full Court of Appeal sittings were in November 2002. The Court of Appeal sits for 2 weeks in each sitting. Sittings are held in February, May, August and November in each year. Court of Appeal Rules are contained in Part 5.4 of the Court Procedures Rules 2006 (volume 3).
Appellate jurisdiction refers to the power of a court to hear appeals from lower courts. Overview:Appellate jurisdiction includes the power to reverse or modify the the lower court's decision. Appellate jurisdiction exists for both civil law and criminal law. In an appellate case, the party that appealed the lower court's decision is called the appellate, and the other party is the appellee. In order for an appellate court to hear a case, a party must typically file an appeal, in which it contests the decision of a lower court. There are typically two types of appeals: Appeal as A Matter of Right
Discretionary Appeal
Federal Court System:In the federal court system, the circuit courts have appellate jurisdiction over the cases of the district courts, and the Supreme Court has appellate jurisdiction over the decisions of the circuit courts. The federal court system's appellate procedure is governed by the Federal Rules of Appellate Procedure, which is contained within Title 28 of the United States Code. State Court Systems:Each state has its own state court system. While the names of the courts differ from state to state, each state's system allows for appellate jurisdiction of some kind. However, each state, typically by statute, determines whether its appellate jurisdiction is based on appeals as a matter of right, discretion appeals, or a combination of the two. Most states extend appeals as a matter of right to all appeals from trial cases. States may also choose to differentiate between civil appellate jurisdiction and criminal appellate jurisdiction. For example, the Florida Rules of Appellate Procedure Rule 9.140 creates special rules for appeals of criminal cases. [Last updated in June of 2022 by the Wex Definitions Team]
Courts deal with different matters depending on their jurisdiction and place in the court hierarchy. Within the state and federal courts systems, there are a number of different courts. Each court has a particular ‘jurisdiction’, which is the scope of a court’s authority to decide matters. The term comes from Latin: ‘juris’ – the law and ‘dictio’ – to say or declare. The jurisdiction given to a court will usually depend on the purpose for which the court was established, which is usually defined in legislation. Which court will have jurisdiction over a case may be based on geographical area, the type of parties who appear, the amount of money involved in the case, or the severity of the maximum penalty for an offence. For example, in NSW, a crime for which the maximum penalty is 14 years imprisonment will probably be heard by the District Court or the Supreme Court, while a crime for which the maximum penalty is only a fine will be heard by the Local Court. Some courts have a specialised jurisdiction (for example, the Children’s Court) so they deal with cases only in a narrow range of topics, while other courts have a general jurisdiction (such as the state Supreme Courts) to deal with a wide variety of cases. The Supreme Courts of the states and territories are courts of general jurisdiction in that every matter is within the general jurisdiction of a Supreme Court unless specifically excluded. Another distinction in jurisdiction is between 'original jurisdiction' and 'appellate jurisdiction'. The court where a particular matter is heard for the first time has ‘original jurisdiction’. If there is to be an appeal against the decision of the original court, the court that can hear the appeal has ‘appellate jurisdiction’. See Appeals for more information. The Commonwealth has three levels of general federal courts: These courts were established to hear and determine matters arising under Commonwealth laws. The Commonwealth Constitution established the High Court of Australia, which is the highest court in Australia. The High Court is at the top of the hierarchy of federal courts. It is also at the top of the hierarchy of state courts, because decisions of state Supreme Courts may be able to be appealed to the High Court. Each of the states (except for Tasmania) also has three levels of courts of general jurisdiction: the state Supreme Court, the District Court (called County Court in Victoria) and the Local Court. Tasmania, the Northern Territory and the Australian Capital Territory do not have an intermediate level court. Courts are classified as either superior courts or inferior courts. The principal Australian superior courts are: All courts that are not superior courts are inferior courts. Intermediate courts (such as the District Court of New South Wales) are therefore technically inferior courts. Magistrates make decisions in the lower courts (state local and magistrates courts). The higher in the hierarchy a court is, the greater the authority their decisions have for other courts. See also Precedent and evidence. In both state and federal systems there are tribunals which operate in a more informal way to reach decisions on civil matters: see Tribunals for more information.
Do you need a lawyer, or are you representing yourself in court? Find information about court procedures and forms. Find out about our legal system. How Laws are made, presented as two 10-minute films on YouTube: Parliament and Courts, provides an overview of where Aus Find links to Federal courts and tribunals, including the High Court, Federal Court and Family Court. |
A court of appeals has what jurisdiction
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