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Due to scheduled maintenance Court users may encounter brief outages to services accessed via our website between 1:00am – 9:00am on Sunday 23 June 2024. We apologise for any inconvenience caused.

Before appealing any decision of the Family Division of the Children’s Court, you need to consider the merits of the appeal and the potential for you to be ordered to pay another party’s legal costs. You should only commence an appeal that has a real prospect of success. You are encouraged to seek legal advice. See the free and low cost legal advice options available.

In limited situations, certain orders of the Children’s Court can be appealed to the Supreme Court.

Appealing decisions made in the Family Division of the Children’s Court

Interim accommodation order (IAO) appeals

Children, parents and protective interveners can appeal an IAO made in the Children’s Court. Before appealing an IAO, you should read:

  • Section 271 of the Children, Youth and Families Act 2005 (Vic) (CYFA); and
  • Rules 58.17 to 58.21 of the Supreme Court (General Civil Procedure) Rules 2015 (Civil Procedure Rules), which set out the procedure for appealing an IAO.

To commence an IAO appeal, you must file:

  1. Notice of appeal using Form 58A, which includes the grounds of appeal; and
  2. An affidavit in support of your appeal – what you need to include in this affidavit is set out in Rule 58.19 of the Civil Procedure Rules.

If, after completing all of the documents mentioned above, you believe this matter should and can be heard and determined within 48 hours please, visit Urgent applications – Practice Court.

Appeals from a final order made in the Family Division of the Children’s Court on a question of law

The parties to a Children’s Court proceeding, or the Attorney-General, can appeal a final order made in the Family Division of the Children’s Court on a question of law. An appeal on a question of law can be made where the magistrate:

  • failed to take into account a relevant factor;
  • took into account an irrelevant factor;
  • misinterpreted a legislative provision; or
  • misinterpreted the function of the court.

This kind of appeal must be filed within 30 days of the final order being made. They are heard:

  • if the final order was made by a magistrate or President of the Children’s Court, in the Trial Division of the Supreme Court; or
  • if the final order was made by the Chief Magistrate, in the Court of Appeal.

Before appealing a final order made in the Family Division on a question of law, you should read:

  • Section 329 of the CYFA; and
  • Rules 58.06 to 58.14 of the Civil Procedure Rules, which set out the procedure for appealing a final order made in the Family Division on a question of law.

To commence an appeal of a final order made in the Family Division, you must file:

1. a notice of appeal that complies with Rule 58.08(1) of the Civil Procedure Rules;

  • the requirements concerning the content of the ‘Notice of Appeal’ are set out in rule 58.08(1) of the Civil Procedure Rules;

Download: Notice of Appeal Children's Court s329 Template

2.  an affidavit in support of your appeal, filed within 7 days of the notice of appeal

  • what you need to include in this affidavit is set out in Rule 58.09 of the Civil Procedure Rules; and

3. a document called a ‘summonswithin 7 days of the notice of appeal, so that the court can direct how the appeal will be heard

  • the procedure for filing a summons for directions is set out at Rule 58.10 of the Civil Procedure Rules.
  • Before you file the summons, you will need to contact the Judicial Review and Appeals List by following the guidance set out at paragraph 6.2 of Practice Note SC CL 19.

Please email the self-represented litigants coordinator at haercerfragrq@fhcpbheg.ivp.tbi.nhua.vog.civ.truocpus@detneserpernu or phone (03) 8600 2031 if you do not have a lawyer and need further information.

Appealing decisions made in the Criminal Division of the Children’s Court

Appeals against conviction and/or sentences imposed in the Criminal Division of the Children’s Court

A child convicted of a criminal offence in the Children’s Court can appeal:

  • if convicted and/or sentenced by the President of the Children’s Court, to a judge sitting in the Criminal Division of the Supreme Court; or
  • if convicted and/or sentenced by the Chief Magistrate, to the Court of Appeal.

An appeal must be commenced within 28 days of sentence by filing a notice of appeal at the Registry of the Children’s Court.

For more information and requirements, see sections 424 to 426 of the Children, Youth and Families Act 2005 (Vic) (CYFA).

Appeals on a question of law from a final order made in the Criminal Division of the Children’s Court

This information does not apply if you want to appeal a conviction and/or sentence – the section above provides information about appealing your conviction and/or sentence.

A party to a proceeding can appeal a final order made by a magistrate in the Criminal Division of the Children’s Court. An appeal on a question of law can be made where the magistrate:

  • failed to take into account a relevant factor;
  • took into account an irrelevant factor;
  • misinterpreted a legislative provision; or
  • misinterpreted the function of the court.

An appeal on a question of law does not temporarily stop, or ‘stay’, the final order but the Supreme Court can stay the order after considering the facts of your case.

Please be aware that if you appeal a final order made in the Criminal Division on a question of law, under s 430Q of the CYFA you abandon finally and conclusively any right to appeal to the County Court or the Supreme Court in relation to that proceeding. This means you cannot also appeal a conviction or sentence, which is conducted as a rehearing of the proceeding, or ‘de novo’ (see s 426 of the CYFA).

Appeals from a final order made in the Criminal Division must be filed within 28 days of the final order being made. They are heard:

  • if the final order was made by a magistrate or President of the Children’s Court, in the Trial Division of the Supreme Court; or
  • if the final order was made by the Chief Magistrate, in the Court of Appeal.

Before appealing a final order made in the Criminal Division on a question of law, you should read:

  • Sections 430P and 430Q of the CYFA;
  • Rules 3A.01 – 3A.09 of the Supreme Court (Criminal Procedure) Rules 2017 (Criminal Procedure Rules) if the final order was made by a magistrate or President of the Children’s Court, which set out the procedure for appealing a final order made in the Criminal Division on a question of law; and
  • Order 2 of the Criminal Procedure Rules if the final order was made by the Chief Magistrate, which set out the procedure (with necessary modifications) for making an appeal in the Court of Appeal.

To commence an appeal of a final order made by a magistrate or President in the Criminal Division of the Children’s Court, you must file in the Trial Division of the Supreme Court:

  1. a notice of appeal that complies with Rules 3A.02 and 3A.03 of the Criminal Procedure Rules;
  2. an affidavit in support of your appeal, filed within 7 days of the notice of appeal – what you need to include in this affidavit is set out in Rule 3A.04 of the Criminal Procedure Rules; and
  3. a document called a ‘summonswithin 7 days of the notice of appeal, so that the court can direct how the appeal will be heard. See Rule 3A.05 of the Criminal Procedure Rules for more information.

For assistance commencing an appeal of a final order made by the Chief Magistrate, email the Court of Appeal Registry at pbnertvfgel@fhcpbheg.ivp.tbi.nhua.vog.civ.truocpus@yrtsigeraoc .

Otherwise, contact the Self-Represented Litigants Coordinator at haercerfragrq@fhcpbheg.ivp.tbi.nhua.vog.civ.truocpus@detneserpernu , or phone (03) 8600 2031, if you do not have a lawyer and need further information about a criminal appeal.