A guide for court users when you want to appeal a decision made by an associate judge in the Trial Division of the Supreme Court of Victoria.
If you are appealing a decision made by an associate judge, you need to know which part of the Supreme Court hears your appeal.
- The Trial Division hears most appeals against civil decisions made by an associate judge of the Supreme Court of Victoria.
- However the Court of Appeal hears appeals against civil decisions made by an associate judge of the Supreme Court of Victoria:
- when the associate judge was referred certain powers by a Trial Division judge; or
- when the judgment or order was made at the trial of a proceeding:
- under Part 3.2 or Part 3.3 of Chapter 3 of the Relationships Act 2008;
- under sections 49, 84, 85 or Part IV of the Property Law Act 1958;
- for the recovery of land under Order 53 of the Supreme Court (General Civil Procedure) Rules 2025;
- under Part I and Part IV of the Administration and Probate Act 1958;
- under Part IV of the Trustee Act 1958 (but not if the associate judge is, or was performing the duties of, the Senior Master in respect of money or assets held or to be held on behalf of a person under disability);
- under section 90(3) of the Transfer of Land Act 1958; or
- under sections 9 or 31 of the Wills Act 1997.
- in a company’s application under sections 459G of the Corporations Act 2001 to set aside a statutory demand.
Guide - Appealing a decision made by an associate judge
The guide below is for appeals from associate judges heard in the Trial Division.
For appeals from associate judges heard in the Court of Appeal read our guide: Court of Appeal Civil Proceedings Guide.
The guide has information on what to do at each stage, what forms you need to complete, what documents you need to provide, court fees and costs that apply in the Supreme Court of Victoria.
Time limits
In most cases, you have 14 days from the date the decision was made to file a Notice of Appeal. The date of the decision is on the Court order.
Extension of time to appeal
If 14 days have passed, you need to apply for the Court’s permission to extend the time limit.
You do this when you complete a Notice of Appeal form in Stage 1 of the appeal process and file this form in Stage 2.
The form asks you to briefly explain why you are applying late and any special circumstances, such as illness or injury.
Consider the cost
Before you apply, we recommend that you seek legal advice and consider if you have tried all ways to resolve the issue without involving the justice system.
Legal proceedings in the Supreme Court can be very expensive.
Court fees
You need to pay court fees at different stages unless you have a fee waiver.
These include fees for:
- Filing an appeal from a decision of an associate judge (commencement fee)
- Filing an interlocutory application (for example, a stay application)
- Setting down (confirming a date) for the hearing
- Hearing fees per day or part day.
Costs
If you lose your case, you may need to pay some or all of the other party’s costs. This includes what they spent on lawyers and any other expenses, such as the cost of expert reports.
Be aware – these costs can be substantial.
Self represented litigants should consider paying for some legal advice even if it is only to help you with a particular part of the process. See organisations that offer free and low cost legal help.
For example, it is highly recommended that a lawyer help self-represented litigants work out your grounds of appeal.
Get to know Court procedures
Read the following documents carefully. They provide important information and guidance:
- Supreme Court (General Civil Procedure) Rules 2025 – rule 77.06
- Practice Note SC Gen 8 – Appeals from associate judges
- Practice Note SC Gen 7 – Transcript in Civil Proceedings.
If you contact the Court, quote the proceeding number for your case. You are given this number when your documents are accepted by the Court. It looks something like this: S ECI 2025 54321.
Get to know your obligations
As a party in a civil proceeding, you need to understand what’s known as overarching obligations. These are in sections 16-26 of the Civil Procedure Act 2010.
Do your legal research
Make sure you understand the law that applies to your case by doing some legal research. Read about cases similar to yours. Note any cases where the law you are relying on has been applied in a way you think proves your arguments. You may want to refer to these cases in your submissions and/or your list of authorities. The Court may ask you to prepare these in Stage 5.
You can find cases from all courts on the AustLII website.
Create a RedCrest account
You file documents with the Court using the online system RedCrest.
The RedCrest Electronic Filing User Guide has information and instructions and can be found at the RedCrest e-Filing Hub.
Before you file documents, the Court encourages self-represented litigants to contact the Self-represented Litigants Coordinator. The coordinator can talk to you about Court process and check self-represented litigants have the right documents. They cannot give legal advice.
For instructions on how to set up a RedCrest account, visit our Videos page.
Check if you need to order a transcript
The parties must order, and pay for, a transcript for all final hearings and sometimes other hearings.
Read Practice Note SC Gen 7 (Transcript in Civil Proceedings) to know when and how to get the transcript.
Get to know legal terms
Check the glossary for common legal words and terms.
Know how to stop an appeal
The process for stopping an appeal differs depending on whether the original proceeding was started by writ. See order 25 of the Supreme Court (General Civil Procedure) Rules 2025.
In most cases, you can stop the appeal with the consent of all parties or permission from the Court.
Be aware that if you stop your appeal, you usually need to pay the respondent’s costs up to that point unless:
- you and the respondent agree you do not have to pay their costs, or
- the Court orders that you do not have to pay their costs.
To stop your appeal, complete a Notice of Discontinuance form and sign it. Ask the respondent to sign the form too, to show they agree. Then file the form and wait for RedCrest to advise that a copy with the Court’s seal is available. Download and print the sealed copy and serve it on the respondent.
If the respondent will not sign the form, you need to get the Court’s permission to stop your appeal. Self-represented litigants can contact the Self-represented Litigants Coordinator with any procedural questions.
You must file your appeal within 14 days of the decision you want to appeal. If you are starting later, see below.
To start your appeal, complete a Notice of Appeal form
Complete your Notice of Appeal form
Put the division and list name in the top left-hand corner of the form. You can find these details at the top of the order you are appealing.
Say on the form if you are appealing the whole decision or part of it. If you are appealing part of the decision, say which part.
Understand what the judge can order
Rule 77.06.9 of the Supreme Court (General Civil Procedures) Rules 2025 states the powers the judge has when deciding on your appeal. It might help you work out what grounds of appeal are relevant. For example, the judge has the power to:
- consider further evidence on questions of fact, whether from an affidavit or from a sworn statement
- draw conclusions based on facts
- give any decision or make any order that should have been given in the original proceeding
- make any other order the case may require.
Grounds of appeal
Clearly state on the Notice of Appeal your grounds of appeal – explanations for why you think the associate judge made the wrong decision from a legal point of view. Number your grounds of appeal in paragraphs, so it is easy for the judge to refer to a paragraph number during the proceeding.
Keep your grounds of appeal concise and to the point. You will get a chance to present your case in full during the final hearing in Stage 7.
Working out your grounds of appeal can be difficult. Self-represented litigants should consider engaging a lawyer to help you with this part of the process. The success of your appeal depends on the strength of these arguments.
File your Notice of Appeal in RedCrest
You must file your Notice of Appeal in RedCrest. in most cases, this will need to be filed within 14 days of the date of the associate judge's order.
You need to pay a court fee for filing the notice of appeal from a decision of an associate judge, unless you have a fee waiver.
The Court will notify you in RedCrest when your Notice of Appeal has been accepted and is available for download. The Notice of Appeal will now have the Court’s seal on it.
Checklist
- File your Notice of Appeal
- Watch for a RedCrest notification that your documents are accepted
No later than five days after RedCrest notified you that your Notice of Appeal form is accepted, you must serve the Notice of Appeal on the respondent or respondents.
Once you have served your documents on the respondent, they may do nothing or they may respond in a number of other ways. For example, the respondent may:
- File a Notice of Appearance and serve it on you. A Notice of Appearance is how a respondent officially lets you and the Court know that they want to be involved in the proceeding.
- Make an application to the Court of their own. There are many different types of applications the respondent can make. You can read about them in the Supreme Court (General Civil Procedure) Rules 2025, Supreme Court (Miscellaneous Civil Proceedings) Rules 2018 and the relevant law.
- File an affidavit opposing your application.
The respondent must serve on you any documents they file with the Court.
Checklist
- The respondent may file documents with the Court and serve them on you
A directions hearing is a short hearing to decide matters related to the timing of when things happen during the proceeding, including what has to happen, who does it and when it needs to be done.
Following the directions hearing, the Court will send you a formal copy of the Court’s orders detailing what you and the other parties need to do to prepare for the trial.
Depending on the complexity of the case, there may be more than one directions hearing.
The applicant and respondent are both expected to attend a directions hearing (and final hearing). If you cannot attend for any substantial reason, for example if you have a medical emergency, contact the Court immediately.
Checklist
- Attend the directions hearing, if one is needed
Follow the Court’s instructions
If you had a directions hearing, the orders made after that hearing will tell you what you need to do to get your case ready for the judge. This includes which documents to prepare and when they need to be filed with the Court. Watch our video Preparing for a hearing.
Prepare to present at your hearing
Prepare yourself for the hearing by watching our video Attending Court – the day of your hearing.
Checklist
- Follow the Court’s instructions about what you need to do to prepare for the hearing
- Get information on how to prepare for your hearing and what to expect by watching the Court’s videos
Finding out your hearing date
The Court will send you an order that confirms the date for your final hearing.
What to expect at the hearing
To help understand what to expect at the trial, including what to bring with you, how to address the judge, where to sit and what you will need to do, watch our video Attending Court – the day of your hearing.
Checklist
- Attend the final hearing
When to expect the decision
The judge usually reserves their decision (judgment). This means they do not give a judgment on the day of the hearing but at a later date. This gives the judge time to consider both parties’ submissions and write reasons for their decision. You can expect a decision within weeks or months of the final hearing, depending on the complexity of the case.
Finding out the decision
The Court will email you a date and time when you need to return to Court to get the judge’s decision. This is called the handing down of the decision. Applicants and respondents are expected to attend. However, if you do not attend the Court will email you the decision.
At the handing down of the decision, if you lose the appeal the respondent usually asks the Court to order you to pay their costs. If you win, you can ask the Court to order the respondent to pay your costs.
If your appeal is dismissed
If your appeal is dismissed (rejected), you can seek leave to appeal this decision to the Court of Appeal.
Checklist
- Attend the handing down of the decision
- Know your options if your appeal is dismissed
Self represented litigants who require further assistance can contact the Self-Represented Litigant Coordinator.