The Full Court is the appeals court of our family courts and determines appeals from decisions made by a single Family Court or Federal Circuit Court judge.
The Full Court will be made up of either one or three designated appeals court judges.
An appeal is difficult to win. The Full Court will generally not hear any evidence or receive new information. The Court is often heard to say that it should be reluctant to interfere with the way that the trial judge applied his or her discretion, when that Judge got to see the parties give evidence, and the Full Court did not.
However, if an appeal is successful, the Full Court can make a different order to the original order, or order a new trial.
It can be a closed or an open court, depending on the nature of the matter, for example, for sensitive matters involving children.
You and your solicitor may attend the court, however, the judges will be considering the technicalities of the legal debate rather than considering any new or personal matters related to the case.
It is important to seek legal advice before filing a Notice of Appeal, as this is a fairly technical area of family law. You should also act quickly: a Notice of Appeal must be filed within 28 days of the original decision.
In Sydney, the Full Court is located in the Family Law Court building in Goulburn Street.
Why you should engage with Dimocks Family Lawyers
For all Notice of Appeals in Family Law Matters, it is important that you engage with a specialist family law firm. Both Chris Dimock and James Richardson are Accredited Specialists in Family Law, and well versed with the Appeals process, and hearings in the Full Court. Should you require advice or assistance about appealing a decision, please call us and organise an initial conference, so that one of our specialist family lawyers can advise you of your prospects of success.