All parties are bound by the orders and must comply with them. However, what do you do if you believe the Orders are wrong? However, what do you do if you believe the Orders set are wrong?
When Orders are made by a Registrar, you have 21 days after the making of the Order to seek a Review of the Registrar’s decision. The process requires the filing of an application with the Court for the issue to be put before a Judge or Justice. The Judicial officer will then receive submissions from both parties and will determine whether the Registrar’s decision should be set aside or enforced.
What if a Judge or Justice makes orders that you believe were wrong?
You can file an Appeal of a Judicial officer’s decision by filing a Notice of Appeal within 28 days of the making of the Orders. The grounds of the Appeal must be based on the Judicial officer making an error on a question of law or on a factual issue.
Appeals are rare and successful appeals are even more so. The statistics show 1 in 4 Appeals are successful. It is for this reason it is important to seek expert advice before entertaining any appeal.
Due to the delays in the Family Law System, Appeals can take several months, if not a year to be heard and determined. As a result, there is the ability to seek that the Orders in dispute be unenforceable or “stayed” until a determination is made in relation to the Appeal. An Application to Stay the Orders is a further application that can be made. It requires a further hearing however if successful it can ensure that the disputed Orders do not apply until the hearing of the Appeal occurs.
Decisions made by Judicial Officers may at times seem unfair or unreasonable however due to the nature of Family Law Matters and the high discretion that can be exercised by the Judicial Officers, unless your legal representatives are confident as to your prospects of success, it can be a costly and exhausting exercise to bring an Appeal that may not succeed.
There is also one major risk associated with bringing an Appeal and that is the risk of a costs order. A Costs Order can be made by the other party for having to respond to the Appeal if the Appeal is wholly unsuccessful. Having to pay not only your costs to bring an Appeal but also the potential to pay for the Respondent’s costs can and should make one carefully assess bringing an Appeal.
However, there can be occasions where Judicial Officers can get it wrong. When this occurs, we have worked with our clients and barristers to ensure the setting aside of orders when they are plainly wrong.
The Family Law System is based on the Family Law Act 1975 (Cth) along with other laws however these are applied by Judicial Officers who are human and are subject to their own shortcomings at times. If you have any concerns about Orders that have been made in your Court proceedings, contact Lewis Family Lawyers to discuss as soon as possible to discuss your prospects of successfully appealing or reviewing the decision.
