Appealing the decision of a Judge of Family Court or Federal Circuit Court is a very difficult and complex process. Whether the clients come to us seeking to overturn a decision that has gone against them or trying to get a better outcome for them, it is essential to have a strong appeal strategy in place. This is how we ran a successful appeal for our clients:
1. Understand the grounds for appeal
Before we begin the process of appealing a court decision, it is crucial to understand the grounds for appeal. This can include errors in law or fact, a lack of evidence or proof, or other procedural errors. Understanding the specific grounds for appeal in our clients’ case is the key to build a stronger case and increase our clients’ chances of success.
2. Gather new evidence
One of the most critical aspects of appealing a court decision is gathering new evidence that was not presented in the original trial. This can include witness statements, expert testimony, or other evidence that supports our clients’ case. It is essential to work closely with our clients and their supporting network to identify and gather this evidence, as it can be a crucial factor in the success of our clients’ appeal.
3. Build a solid legal argument
Appealing a court decision requires a strong legal argument that is based on the specific grounds for appeal in the case. This may involve a detailed analysis of the original trial, including the evidence presented, the arguments made, and the legal principles involved. We brief the leading Family Law barristers to build and represent a strong legal argument that effectively demonstrates the errors or issues that occurred in the original trial.
4. Understand the appeals process
Finally, it is essential to understand the appeals process and all the steps involved. We always make sure that all the deadlines, requirements and the directions of the Appellate Court are complied with.