Civil and Criminal Appeals
When a court delivers a judgment, whether in a civil or criminal matter, the decision is not always final. In many circumstances, parties have the right to appeal. The appeals process allows a higher court to review decisions made by a lower court to ensure they are legally sound and procedurally fair. However, appealing a decision is a complex and time-sensitive process, with strict rules depending on the nature of the case and the court involved.
When considering civil and criminal appeals, there are key aspects you need to consider, including how they work, when they’re available, and what to expect if you’re considering challenging a court’s decision.
Civil Appeals – Correcting Legal Errors in Civil Proceedings
Civil appeals typically arise from disputes between individuals, businesses, or organisations over issues including but not limited to contracts, property, personal injury, or debt recovery. The purpose of a civil appeal is not to re-hear the entire case, but to review whether the outcome is affected by a legal error.
Where Do Civil Appeals Go?
- From the Small Claims Division of the Local Court: Decisions from the Small Claims Division, where claims are less than or $20,000 are usually for denial of procedural fairness, for example, where you weren’t given a fair chance to present your case, are typically made to the District Court. The time limit is usually 28 days from the decision. Late appeals will require an “extension of time” request.
- Appeals From the Local Court General Division: Criminal appeals are usually made to the District Court. However, civil decisions from the the Local Courts of NSW, are usually made in the Supreme Court. The appeals usually involve questions of law; or when procedural fairness is in question; or where the decision lacked evidence; or was made contrary to evidence; or where the court may have exceeded its jurisdiction. If the matter involves a question of law, the appeal must be brought directly to the Supreme Court of NSW. With leave of the court you may also also make an appeal on mixed law and factual issue or seek interlocutory orders, consent judgments, or costs orders.
- From the District Court or Supreme Court: These appeals may be heard by the NSW Court of Appeal, and in rare cases, further appeals from the Court of Appeal can be made to the High Court of Australia, with special leave.
- Stay of enforcement: Appealing does not automatically pause the original decision. You will need to consider making an application to the court to stay any enforcement action.
Time Limits and Process
- An appeal must generally be filed within 28 days of the judgment. An application for an extension of time accompanying a Summons may be allowed.
- The process typically requires filing a Notice of Appealand a Summons, where the appellant must identify the legal grounds for appeal, such as an error in the application of the law or denial of procedural fairness.
- Supporting documents, such as the judgment transcript and relevant evidence of the claimed legal error, must be included.
- A filing fee applies.
Fresh Evidence
Appeals are generally confined to the original record. However, fresh evidence which was unavailable at trial and could not have been discovered with reasonable effort may only be admitted in exceptional cases on special grounds. New evidence, which was available but not used, is generally inadmissible unless special circumstances justify its consideration.
Criminal Appeals
Criminal appeals provide an important check on the justice system and provide a safeguard of justice after conviction, allowing a person convicted of a crime to challenge their conviction, sentence, or both. These appeals can address errors of law, factual issues, or miscarriages of justice. The criminal appeals in NSW are generally appeals by way of a rehearing, meaning the matter is heard based on the evidence given in the original court proceedings, where fresh evidence may be given only leave is granted by the appellate court.
Where Do Criminal Appeals Go?
- From the Local Court: If a person is convicted or sentenced in the Local Court, they can appeal to the District Court.
- From the District or Supreme Court: Appeals from higher courts go to the NSW Court of Criminal Appeal (CCA).
- In rare and exceptional circumstances, further appeal may be made to the High Court of Australia, but only if special leave is granted.
Time Limits and Process
- A Notice of Appeal or, in the case of appeals against conviction and/or sentence to the Court of Criminal Appeal, a Notice of Intention to Appeal, must be filed within 28 days of the decision or judgment.
- An extension of time may be in certain circumstances. For appeals to the NSW Local Court and District Court, the extension is only up to 3 months.
Grounds for Criminal Appeal
- Error of law (e.g. misdirection to a jury)
- Unreasonable verdict (the finding of guilt was not supported by the evidence)
- Miscarriage of justice (procedural errors or unfair trial)
- Excessive or inadequate sentence
Stay of Proceedings
Filing an appeal does not automatically suspend the execution of a judgment or order. To delay enforcement of the judgement or order pending appeal, an application for a stay of proceedings must be made via a Notice of Motion, supported by evidence showing why the stay is justified.
Why Legal Advice Is Critical
Appealing a decision is a significant legal undertaking. Whether in a civil or criminal matter, appeals are not retrials. They are technical reviews of whether something went wrong in the original proceeding. The timeframes are strict, the documentation must be precise, and not every case qualifies for appeal.
If you are considering an appeal or have just received a decision you believe is incorrect, early legal advice is essential. Our team has deep knowledge in both civil and criminal appeals and can help you determine your rights, assess your prospects, and guide you through every step of the process.
Need Help with an Appeal?
Contact Citilawyers today to speak with our team about your options. We offer honest advice, strategic guidance, and dedicated representation for clients seeking to appeal court decisions in NSW.
