If you are unhappy with the decision of the Local Court, you may be able to appeal to the District Court within 28 days.
You cannot appeal just because you do not like the Court’s decision.
You can only appeal if:
You can’t appeal just because you don’t like the Court’s decision.
If you are unhappy with the decision of the Local Court, you may be able to appeal to the Supreme Court within 28 days.
You can appeal on a question of law. This includes situations where the Court:
You may be able to appeal with the leave (permission) of the Court about:
You need to complete:
You can do this:
You can get blank copies of these forms from:
In your form, you must state:
If you are asking for leave to appeal, you must also state:
Your affidavit must annex:
You can file a paper form in person or by post.
You must file at least three copies of your completed form.
You should make a copy of your completed form and attachments before you file them.
You should send your forms to the registry’s postal address, not its street address. You can find the registry’s postal address on the Contact us page on the District Court of NSW website.
When you file your forms, you will have to pay a filing fee. For more information, see Civil jurisdiction forms and fees on the District Court of NSW website.
If you can’t afford to pay the filing fee, you may be able to apply to have the fee waived, reduced, or postponed.
If you post your form, it won’t be processed until you have paid the filing fee.
If you file your appeal after 28 days, you must ask the Court for an extension of time.
To do this, you must ask for an order “That time for filing an appeal be extended”.
Appealing won’t does not stay (stop) the operation of the original decision. The decision can still be enforced unless a stay order is made.
You may be able to apply to stay (stop) the execution of the judgment or order while you get advice about whether you can appeal, or until your appeal is heard.
The Court can make orders to:
The Court can refuse to make a stay order where there is a risk that the assets of the applicant will be disposed of if the order is made. If the Court refuses your request for a stay, the other party can enforce the judgment.
To apply for a stay of enforcement, you need to complete a:
You can do this:
For more information, see Step by step guide: Stay of enforcement.
You need to serve your Summons on the other party(s) at least five days before the date your court date.
You must serve your affidavit on the other party no later than three days before the date your Summons will be heard.
You must also file a sealed copy of your Summons with the Local Court.
If you apply for a stay order, you need to serve your Notice of Motion and Affidavit on the other party at least three days before the date fixed for the motion.
Generally, your appeal will be a re-hearing of the evidence that was given at the first hearing. The Court will consider:
The Court can’t receive fresh evidence except on special grounds.
After hearing your appeal, the Court may:
If your appeal is dismissed, it is very likely that you will be ordered to pay the other party’s legal costs.
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