Appeals In Civil Cases

Appeals In Civil Cases

When it comes to understanding how to navigate through a legal case – it can get quite complicated, especially if you’ve never had to deal with one before.

Then if the case goes to court, it adds further complexity again.

If that’s you, your local litigation lawyers in Chatswood, TY Lawyers, are here to help.

TY Lawyers are highly experienced litigation lawyers and commercial litigation lawyers in Chatswood who can advise on your case and represent you and your interests.

One thing that’s important to outline is, legal cases can be appealed if there’s sufficient grounds for an appeal – so it’s not always all said and done when the verdict, penalty or decision is reached.

Before we dive into how appeals work, let’s take a little look at what type of cases there are.

The NSW Local Court

In NSW, the local court hears minor civil matters of amounts up to $100,000 and is the first point of contact for the vast majority of cases that come before the courts.

Some of the types of civil cases heard at the NSW local court include disputes about money and property, for example:

  • Services paid for but not provided
  • Unpaid bills
  • Money loans
  • Loan agreements

The local court is then divided based on the total amount of the claim:

  • the Small Claims Division - up to $20,000
  • the General Division - over $20,000 and up to $100,000

Before going to court, it’s advisable to seek legal counsel and engage an experienced litigation lawyer in Chatswood, like TY Lawyers in Chatswood.

The Appeal Process

If you’ve attended your case and not come out with a favourable outcome, you can sometimes look into appealing the decision.

The appeal process differs depending on the type of case. Speak to your litigation lawyer or commercial litigation lawyer in Chatswood first before pursuing an appeal, as they can advise you further on your potential for success in pursuing the appeal.

With relation to a civil case, it can be limited but not impossible, and the appeal request is lodged to a higher court within 28 days after the order.

Court Makes A Decision In Your Absence 

One other thing to note is, if the Local Court makes a decision in your absence, you can make an application to the local court to annul that decision under Section 4 of the Crimes (Appeal and Review) Act 2001. 

When the Local Court needs to make a decision about an annulment, they will consider the following: 

  • If you were aware of the original court proceedings
  • If you were sentenced in your absence
  • If you could not attend the original Local Court Proceedings because of illness or another significant cause
  • Whether it’s a just decision to allow the annulment application 

When applying for an annulment, you should consult with a litigation lawyer in Chatswood, or a commercial litigation lawyer in Chatswood, depending on the nature of your case. 

You may need to explain why you’re asking the court to grant an annulment. Again your litigation lawyer in Chatswood can help you prepare your explanation and anything else that may be required. 

When an annulment application is successful, the decision of the local court does not stand. There are further steps that need to happen thereafter. 

When an annulment application is unsuccessful, the final decision and penalty of the Local Court stands. But it may be possible to appeal the severity of that sentence. 

An annulment application needs to be made within two years of the original Local Court’s decision.

If you’re facing a case or would like further information on appealing a case, get in touch with our team of litigation lawyers and commercial litigation lawyers in Chatswood.

TY Lawyers Chatswood, call us today, on: (02) 8007 0135.

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