VIC How to Appeal a Court Order Made by the Judge?

Discussion in 'Family Law Forum' started by kimbapuppy, 24 May 2019.

  1. kimbapuppy

    kimbapuppy Well-Known Member

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    This is in relation to the Court Order issued at the Federal Circuit Court of Australia.
    1. Is it possible to Appeal the Court Order so in the first place?
    2. If so, how do I go about it?
    3. Is it wise to appeal even though the next Judge will be a different at the Trial?

     
  2. CSFLW

    CSFLW Well-Known Member
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    Which date was the order made, as there is a time limit to appeal.
     
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  3. kimbapuppy

    kimbapuppy Well-Known Member

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    Mid February 2019, what is the time limit?
     
  4. Atticus

    Atticus Well-Known Member

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    You have 28 days from the handing down of the order to file a notice of appeal
     
  5. kimbapuppy

    kimbapuppy Well-Known Member

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    What means do I have to still appeal despite the window to do so has gone? I did lodge a formal complaint on the judicial conduct that resulted in an unfair hearing - I understand that this is a waste of time.
     
  6. Atticus

    Atticus Well-Known Member

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    Could apply for an extension of time by filing an application in appeal and supporting affidavit... Among other things you would need to give a compelling reason for the delay...

    Other than that the only other avenue I'm aware of is an application to the high court for special leave to appeal
     
  7. CSFLW

    CSFLW Well-Known Member
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  8. Rod

    Rod Lawyer
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    What was the reason for the delay?

    I agree with the above, you need a good reason for the appeal else you are wasting time and money.

    I take it you are basing an appeal on either real or apparent bias of the judge.
     
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