Hi Junior,
An appeal of an order by a single judge of the Family Court needs to be made by application ("Notice of Appeal") within 28 days of the order:
Family Court Rules 2004 rule 22.03. It appears you are outside of this time frame. You can apply for a time extension after this period. To do this, you will need make an "Application in an Appeal" supported by an affidavit stating:
- Length of delay
- Reasons for delay
- Grounds of your appeal
- Any disadvantage this may cause to the other side (and third parties involved)
- Merits of your appeal
- Overall justice of the case
Note that an appeal will not look at facts that were not before the original judge (except in exceptional circumstances, e.g. lawyer negligence). An appeal is not a re-hearing of the case. An appeal is limited to:
- The judge applied the wrong principle at law
- The judge relied on a fact or facts to support a material issue when this was no supported by evidence
- The judge exercised incorrect discretion
Further, the error must have been so material that the result would be significantly different. If you are disputing a financial figure, there is a margin to allow for judge's discretion.
In relation to costs, if your appeal is dismissed (i.e. you did not succeed), you pay the full costs of the appeal, if you succeed, the judge will make an order as to who pays the costs and you can apply to the court to issue costs against the losing side (i.e. the respondent).