Family Law Appeals
Appellate work at the Supreme Court and Court of Appeal.
Appeals are not a second kick at the can — they're a narrow review for obvious error. They require significant preparation, and there are strict timelines on filing notice.
What an Appeal Actually Is
In most cases, the judge's decision is the final say on an issue. However, sometimes, in rare instances, the judge errs and gets it wrong. Appeals are a process to ensure the fair and proper administration of justice in our courts. An appeal is not a second kick at the can — that is, an appeal is not a re-trial. When reviewing a case, the appellate judge looks at whether the prior decision-maker made a mistake in understanding the facts of the case, or a mistake when interpreting the law. The mistake must be obvious. Furthermore, that mistake must have had such a significant effect on the outcome of the case that it led to an incorrect or unreasonable decision being made.
Strict Timelines
Appeals require a significant amount of preparation and work, and consequently are expensive to pursue. You should always seek a legal opinion prior to commencing an appeal. There are strict timelines on filing notice of appeal. If you have a question regarding an appeal, you should seek legal advice as soon as possible to ensure a deadline is not missed.