John R QuinnJohn R Quinn
  • Home
  • Home
  • Services
    • Marriage & Prenuptial Agreements
    • Divorce & Separation
    • Property & Financial Arrangements
    • Wills & Succession Act
    • Children & Parenting
    • Overseas & Expatriates
  • Our Lawyers
  • FAQ
  • News
  • Contact Us
(+61 2) 9283 3344

Frequently Asked Questions

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).

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.
Back to FAQ

FAQ Working with John R. Quinn & Co.

Cost disclosure
What to expect from my first appointment with a lawyer from John R. Quinn and Co.
Why should I use John R. Quinn & Co?
Why use an accredited specialist lawyer when seeking a divorce?
What can I do if I think the judge got it wrong or I disagree with the judge’s decision?

Have another question?

Please contact us as we are happy to answer any questions you may have

Have another question?

Please contact us as we are happy to answer any questions you may have

Have another question?

Please contact us as we are happy to answer any questions you may have


Contact Us

John R Quinn & Co. Family Lawyers
Level 12, 60 Park Street
Sydney NSW 2000

The closest train stations are Town Hall, taking the Park Street exit, or St James Station, taking the Elizabeth Street exit. John R Quinn & Co. is on the corner of Park and Elizabeth.

Best parking is in the Domain parking station. Take the moving footway and cross Hyde Park to reach our offices.

Phone
(+61 2) 9283 3344
Email
mail@quinnlawyers.com.au
Fax
9283 3366

In The Press

Two Aussie Uni Professors Were Involved In A Devastating Court Case For British Trans Teens

October 13, 2016quinn lawyers

The government still wants a Family Court merger — new research shows why this is not the answer

October 13, 2016quinn lawyers

Courts are delighted to welcome new judicial appointments

October 13, 2016quinn lawyers

'I'm not interested in just more reviews': Anne Hollonds on the struggle to protect Australia's children

October 13, 2016quinn lawyers
More

John R Quinn News

John R Quinn & Co Welcomes Lawyer, Mark Borda & Senior Legal Secretary, Jane Norton

October 13, 2016quinn lawyers

The 'International Academy of International Lawyers' becomes the 'International Academy of Family Lawyers'

October 13, 2016quinn lawyers

John Quinn is a fellow of the International Academy of Family Lawyers

October 13, 2016quinn lawyers

Barry Beilby brings Succession Act experience

October 13, 2016quinn lawyers
More

FAQ

Cost disclosure

What to expect from my first appointment with a lawyer from John R. Quinn and Co.

Why should I use John R. Quinn & Co?

Why use an accredited specialist lawyer when seeking a divorce?

More
John R Quinn & Co. Family Lawyers Logo black
Accredited Specialists in Family Law
© 2020. All rights reserved. Liability limited by a scheme approved under Professional Standards Legislation.