What can I do if I think the judge got it wrong or I disagree with the judge’s decision?

Once a judge’s decision has been made it is final unless it is appealed, or in some situations if circumstances on which the order depend change (for example: a parenting order where one of the parents makes plans to move overseas after it has been made, or something similar).

If you think the judge made a mistake, appeals must be filed within 28 days of an order made by a judge or Federal Circuit Court Judge.  If you simply disagree with a decision there is no further recourse under the law.  You can’t use an appeal to re-hear the original dispute.  An appeal must be based on an argument that there is an error in the judge’s decision, either in law or in interpretation, that is the Judge:

1. Made a mistake as to the facts,
2. Was guided or affected by any extraneous or irrelevant matters;
3. Failed to take into account any consideration material to the decision;
4. Acted upon a wrong principle – which includes a failure to give any or any adequate reasons for the decision.

The court presumes that the decisions of the lower Court are correct, so the proof otherwise must be compelling.  For example, in the years 2000-2010 only between 5% and 15% of Appeals lodged were upheld. Generally more property than parenting appeals are successful.

Appeals are generally listed for hearing before the Full Court (three judges of the Family Court).

If you and the other party agree on changes to existing orders, you can file consent orders to change them.  If you cannot agree with the other party, you need to decide if you can apply to the court to change the order. To change the orders, the court must be satisfied that the change is needed, based on:

• either party’s changed circumstances
• a change in the cost of living
• the discovery that evidence was withheld or was wrong.