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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.

2- Robust representation helps identify where the Trial judge made a mistake in the application of the law which is necessary for the case to be successful. You also need to prepare the case using the relevant Acts, Rules and practice notes.

3-It costs to put in an application and if your case is not successful, you may need to pay the legal costs of the other side.

4- The Court can decide your case just based on what your written submissions without the chance to speak to the Court.

Conclusion

While it is not a legal requirement to have a lawyer to lodge an appeal, parties with legal representation are statistically more likely to get a successful outcome.

If you have any questions or would like to discuss your case, contact Caroline Mense at Legal Enablers on carolinem@legalenablers.com or (03) 8691 3128.


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