Hello, I'm Leeann Murphy. I'm a member of the family law team, at Cooper Grace Ward lawyers. Today, I'm going to discuss with you what options you might have if you don't agree with the decision of the court.
What is an appeal?
An appeal is a legal process where you ask a higher court to review a decision of a lower court. In these cases, you'll be asking the court to consider whether or not it is appropriate to overturn a decision based upon an error of law or fact. In order to file an appeal, you must be able to identify the specific errors of law and fact. It is necessary to file a notice of appeal within 28 days of the original decision. You should seek legal advice before lodging an appeal, as these can be very costly and complex processes.
Can you make an application to set aside an order?
It is possible to make an application to set aside an order. This is a legal process where you ask the same court to review a decision and consider whether or not it's appropriate to revoke it, subject to certain circumstances. You can ask the court to set aside a decision whether there's been a miscarriage of justice due to fraud, duress or non-disclosure. You can also ask the court to set aside a decision if there has been a significant change of circumstances since the original order was made. You should seek legal advice before making a decision to make an application to set aside an order, as there may be other alternatives available to you.
Can you make an application to vary an order?
It is possible to make an application to vary an order. This is a legal process where you ask the same court to amend or modify an order already made. You can apply to vary a decision where there has been a significant change of circumstances where there is new evidence that is relevant that was not available at the time the original order was made. You can also apply to vary an interim order if there are compelling reasons to do so. You should seek advice before taking this option as it may affect your rights and obligations under the original order. These are some of the options available to you if you do not agree with the judge's decision.
Cooper Grace Ward is a leading Australian law firm based in Brisbane.
This publication is for information only and is not legal advice. You should obtain advice that is specific to your circumstances and not rely on this publication as legal advice. If there are any issues you would like us to advise you on arising from this publication, please contact Cooper Grace Ward Lawyers.