Family Justice (Probate and Other Matters) Rules 2024 · As enacted · Part 2 · Overview
12. Appeals after trial or hearing (P. 2, r. 12)
Feedback & supportAppeals against the Court’s decision after trial or after an originating application is heard may be filed only if the law allows.
If any party appeals against the Court’s decision after trial or after an originating application is heard, the case will proceed on appeal before the appropriate appellate Court.
The appellant has to file and serve a notice of appeal on all parties who have an interest in the appeal.
Where permission to appeal is required, the party who intends to appeal has to apply to the lower Court or the appellate Court (as required by the relevant written law) for such permission and serve the application for permission on all parties who have an interest in the appeal.
If the lower Court (where applicable) does not grant permission to appeal, that party may apply to the appropriate appellate Court for such permission if allowed by law.
That party has to serve the application for permission to appeal on all parties who have an interest in the appeal.
If permission to appeal is granted, that party has to file and serve a notice of appeal on all parties who have an interest in the appeal.
The appellant has to provide security for the costs of the appeal of each respondent (or for the costs of the appeal of each set of the respondents where the respondents are represented by the same firm of solicitors).
The appellant and the respondent have to file and serve the relevant appeal documents on all parties who have an interest in the appeal.
No further evidence may be admitted without the approval of the appellate Court.
Subregulation 1
Appeals against the Court’s decision after trial or after an originating application is heard may be filed only if the law allows.
Subregulation 2
If any party appeals against the Court’s decision after trial or after an originating application is heard, the case will proceed on appeal before the appropriate appellate Court.
Subregulation 3
The appellant has to file and serve a notice of appeal on all parties who have an interest in the appeal.
Subregulation 4
Where permission to appeal is required, the party who intends to appeal has to apply to the lower Court or the appellate Court (as required by the relevant written law) for such permission and serve the application for permission on all parties who have an interest in the appeal.
Subregulation 5
If the lower Court (where applicable) does not grant permission to appeal, that party may apply to the appropriate appellate Court for such permission if allowed by law.
Subregulation 6
That party has to serve the application for permission to appeal on all parties who have an interest in the appeal.
Subregulation 7
If permission to appeal is granted, that party has to file and serve a notice of appeal on all parties who have an interest in the appeal.
Subregulation 8
The appellant has to provide security for the costs of the appeal of each respondent (or for the costs of the appeal of each set of the respondents where the respondents are represented by the same firm of solicitors).
Subregulation 9
The appellant and the respondent have to file and serve the relevant appeal documents on all parties who have an interest in the appeal.
Subregulation 10
No further evidence may be admitted without the approval of the appellate Court.