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How to appeal a case: Things to consider



Thinking of appealing a case? To help you evaluate and decide, we have prepared a list of FAQs for civil cases in the Court of Appeal of the Supreme Court of Victoria.

How much time do I have to lodge an application?

28 days from the date of judgement.

Which documents need to be filed?

  • Application for leave to appeal (Form 64A)- in Part 5, the applicant needs to address the question of "why there is a real prospect of success" sufficient to justify the Court's exercise of jurisdiction in your favour.

  • Written case form

  • List of case authorities

  • Draft application book index

  • Draft summary

  • Order of the lower court

  • Reasons for judgment

Are extensions of time available?

To get an extension of time, you need to file an application using Form 64B with a supporting affidavit and written submissions.

This application for an extension of time is not an automatic halt (stay) on the lower Court's judgement. You need to file a further form to get a stay.

Do I need a lawyer?

An appeal can be complicated for four reasons:

1- To get an appeal, you need leave (permission) from the Court to be able to lodge your application to appeal.