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
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.