If the court has made a judgement against you in a civil law matter, you may have the right to appeal that decision to a higher court.
If a Magistrate makes a judgement or order against you (or not as favourable as you would have wanted), you may be able to appeal that decision to a single judge of the District Court of Queensland.
The judge will consider the evidence available to the Magistrate at the initial hearing, and may in some circumstances consider new evidence that was not heard by the Magistrates’ Court.
If the appeal is successful, the judge has the power to make various orders, including having the Magistrate’s judgement set aside and ordering the other party (the respondent to the appeal) pay some of your legal costs. Usually standard costs orders are assessed on the Courts’ scale.
If you wish to appeal a District or Supreme Court decision, you may appeal that decision to the Queensland Court of Appeal .Matters in the Court of Appeal are heard by three judges sitting together.
The Court of Appeal will usually not consider new evidence unless it can be established that the evidence would have had an important effect on the result of the previous trial and could not have been reasonably obtained for that trial.
If you appeal is allowed, the Court of Appeal can make any order it considers appropriate, including changing the original decision or ordering a retrial.
If you wish to appeal a decision by the Federal Circuit and Family Court, you may appeal that decision to the Federal Court of Australia. Your appeal is likely to be heard by a single judge of the Federal Court.
The Full Court of the Federal Court of Australia hears appeals of Federal Court decisions, but may also hear appeals from the Federal Circuit and Family Court if the court considers it appropriate. Appeals to the Full Court are heard by a panel of three judges.
The High Court of Australia hears appeals from the Queensland Court of Appeal and the Full Court of the Federal Court of Australia.
If you want to appeal a decision to the High Court, you will need to file an application for leave to appeal. The High Court will only grant your application if there are special reason that your appeal should be heard, such as;
Appeals of decisions by the Queensland Civil and Administrative Tribunal (QCAT) are usually heard by the QCAT Appeal Tribunal, but may be heard by the Queensland Court of Appeal depending on the decision being appealed.
The QCAT Appeal Tribunal generally hears;
The Queensland Court of Appeal only hears appeals of QCAT decisions which fall under certain categories;
You will not be able to appeal agains;
Appealing a QCAT decision, like appealing to the High Court, will usually require leave to appeal, rather than having a right to appeal.
If you wish to appeal the decision of a Magistrate or Judge, you will need to file a Notice of Appeal in the Court of Registry within 28 days of the date of the original judgement.
The notice of appeal must state briefly and precisely:
Once the notice of appeal is filed, each Court has a relevant practice direction describing the steps that must be taken to progress the appeal which generally include filing an Outline of Argument and progressing the appeal proceeding to a final hearing.
Depending on you matter, you may also need leave (or permission) from the Court to have the right to appeal the decision. For example if you are appealing an interlocutory decision or if you Notice of Appeal is filed outside the 28 days you may require the Court’s ‘leave’.
If you are unable to file a notice of appeal within the 28 day appeal period, the Court may grant you an extension of time if you are able to explain the reasons for the delay and give substantial reasons why an extension should be granted.
Gustin v Shalev [2019] QDC 254
Aitken Whyte Lawyers were successful in an appeal to the District Court from a decision made in the Magistrate’s Court.
The appeal related to an order of the Magistrate’s Court dismissing our client’s application to set aside an order for summary judgement.
Pioneer Credit Solutions Pty Ltd v Hyett [2021] QDC 11
In this matter, Aitken Whyte Lawyers successfully represented the respondent in an appeal to the District Court where the application for leave to appeal was dismissed and with a costs order made against the applicant.
The applicant had made a claim of monies under an assignment of the respondent’s debt. There were more than 2 years delay in which no action had been taken by the applicant in the court proceedings. The appellant had sought leave to take a step in the Magistrate’s Court but that was refused and on appeal, the District Court dismissed the appeal.
The appellant unsuccessfully argued the magistrate failed to take into account to the strength of its case, whether the delay in proceedings impacted on the prospects of a fair trial and whether directions could ensure a timely trial.
Proper experience in running appeals is essential. Aitken Whyte Lawyers are focused on results.
Our Litigation and Dispute Resolution Team will advise you on the proper course to take if you would like to appeal a judgement or decision made against you in a civil law matter.
Aitken Whyte Lawyers can assist you with an appeal in any Queensland court jurisdiction or in the Federal Circuit Court or Federal Court.
Brisbane
Aitken Whyte Lawyers Brisbane
2/414 Upper Roma Street
Brisbane QLD 4000
