Within 28 days of the orders appealed being made The appellant files the Notice of Appeal at the correct region of the national appeal registry (attaching a copy of the orders being appealed) and pays the filing fee or applies for a fee exemption.
After an appeal from the decision of a Judge of the Federal Circuit and Family Court of Australia (Division 2) is filed The appeal is to be heard by a single judge unless the Chief Justice determines the appeal will be heard by a Full Court. (The parties will be notified if the appeal will be heard by a Full Court)
Within 14 days of filing the appeal The appellant arranges for a copy of the Notice of Appeal to be served on the respondent and all other parties (including any independent children’s lawyer).
Within 14 days of being served with a Notice of Appeal or within 28 days of the order being appealed The respondent may file a Notice of Appeal endorsed as a cross-appeal and pay the filing fee or make an application for a fee exemption if they also challenge the orders. If the respondent does not challenge the orders and opposes the appeal, they do not need to file anything yet, except a Notice of Address for Service for service to confirm their details.
Within 28 days filing the Notice of Appeal or the date of reasons for judgment The appellant files a draft index to the appeal book and serves a copy on the other parties. If the draft index is not filed on time, the appeal is deemed to have been abandoned.
Within 28 days being served with a Notice of Appeal If a respondent or the independent children’s lawyer does not want to cross-appeal but contends the orders should be affirmed for different reasons than the primary judge, they must file a notice of contention.
After the draft index to the appeal book is filed The appeal is listed for a procedural hearing. The parties to the appeal will be notified of a hearing date by the regional appeal registry. The procedural hearing may be conducted by a judge or a registrar.
PROCEDURAL HEARING
The judge or registrar makes orders to prepare the appeal for hearing. This may include orders about the appeal book to be filed and a timetable for filing of documents to be used in the appeal (including summaries of argument and lists of authorities).
Within 14 days after the procedural hearing If the respondent does not oppose the appeal, they may file a submitting notice.
By the date ordered at the procedural hearing Appellant files and serves the appeal book and transcript. If the appeal book and transcript are not filed on time, the appeal is deemed to have been abandoned. After the appeal book and transcript are filed the parties are advised of the date of the appeal hearing.
The appellant files and serves a summary of argument and list of authorities.
The respondent (and any other parties, including independent children’s lawyer) files and serves a summary of argument and list of authorities.
THE APPEAL HEARING
The hearing where each party presents oral arguments to the single judge or Full Court judges relating to the appeal.
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