If you are not happy with an order made in the Circuit Court you have the right to appeal the order or apply to have the order reviewed. This depends on whether the order was made by a County Registrar or a Circuit Court Judge.
If the order was made by a County Registrar, you can apply to a Circuit Court Judge to review the order.
If the order was made by a Circuit Court Judge, you can appeal the order to the High Court.
Reviewing an Order made by a County Registrar
If you are not happy with an order made by the County Registrar, you can apply to a Judge of the Circuit Court to review it. You do this by serving and filing a Notice of Motion to review the order. You must serve and file this Notice of Motion within ten days of the date the order was made. The Circuit Court Judge will hear your application and make a decision.
Appealing a Circuit Court Judge's Order to the High Court
If you are not happy with an Order made by Judge of the Circuit Court, you can appeal the decision to the High Court. One exception to this is where the Circuit Court order was made on foot of an appeal from the District Court.
For Family Law matters, unless a Circuit Court judge directs otherwise, an appeal does not act as a stay on the Circuit Court order. This means that you must obey the Circuit Court order until the High Court has decided on your appeal.
The person appealing an order from the Circuit Court is known as the Appellant. The other party is known as the respondent. The Appellant must serve and lodge a Notice of Appeal in the relevant Court Office within 10 days of the making of the Circuit Court Order or judgment.
If the 10-day period has passed, the intended appellant can apply to the High Court for an extension of time to file an appeal. To do this, you must file a notice of motion and grounding affidavit in the Central Office of the High Court to apply to the Master of the High Court to extend the time within which to lodge the appeal.
The steps below sets out the general steps involved in making an appeal to the High Court. All information is for guidance only. Always check legislation and court rules to ensure your appeal is correct. The full appeal process is set out in Order 61 of the Rules of the Superior Courts. You might want to get legal advice to better understand what's involved.
Know where to file your Notice of Appeal
Where you file your Notice of Appeal depends on where the Circuit Court order was made, and on whether oral evidence was given when determining the case.
Serve the Notice of Appeal
Once you have completed and signed and dated the Notice of Appeal, you must provide a copy to any other party directly affected. This is called serving. It means making them aware that you are appealing the Circuit Court order to the High Court.
Attend High Court appeal hearing
The appellant and respondent(s) should attend the court venue on the date provided by the court office. The court hearing will be an in camera hearing which means it will be held in private.
Judge makes a decision
After the hearing the case, the judge will make a decision called a court order or judgement. When deciding on the appeal, any jurisdictional limits which apply to the Circuit Court will also apply to the High Court.