Civil appeal preparation (NSW)
Civil appeals in NSW are demanding and strictly time-bound. This checklist walks through the standard steps from judgment to hearing.
This is a 12-step preparation checklist for a civil appeal to the NSW Court of Appeal. It covers grounds, leave, time limits, the appeal book, written submissions and hearing.
The checklist
Analyse the judgment for error
Identify errors of law, fact or discretion. Appeals are not a rehearing — grounds must be specific.
Check if leave is required
Leave is required in most interlocutory and small-claim matters. Plan accordingly.
Diary the 28-day time limit
A notice of appeal must be filed within 28 days of the judgment. Extensions are not routine.
Draft grounds of appeal
Draft specific grounds — each ground should identify the alleged error and the affected finding.
Consider a stay application
If enforcement is a risk, apply for a stay pending appeal at the earliest opportunity.
Order the trial transcript
Order a full transcript from Reporting Services Branch. Budget for the cost.
Prepare the appeal book index
Index in accordance with Practice Note SC CA 1 — judgments, pleadings, transcript and exhibits.
Draft written submissions
Written submissions to page limit — issues, facts, legal principles and relief.
File list of authorities
List of authorities identifying the key passages the court is asked to consider.
Brief senior counsel
For most appeals, brief senior counsel with the full appeal book and submissions.
Consider cross-appeal or notice of contention
If the client won on some grounds, consider whether a notice of contention is needed.
Prepare for the hearing
Confirm listing, dress code, and ensure counsel has a clean final appeal book.
When this checklist applies
Use this checklist the day judgment is handed down. The 28-day appeal window starts immediately.
Common pitfalls
- Missing the 28-day time limit
- Drafting grounds that merely re-argue the facts
- Failing to seek leave where required
- Incomplete appeal book — missing trial exhibits
- Not applying for a stay when enforcement is imminent
Run this checklist on a real matter
Quillio drafts grounds of appeal, submissions and appeal book indexes in current NSW Court of Appeal format. See /practice-areas/litigation-lawyers.
This checklist is a general guide. Adapt for High Court special leave applications and Federal Court appeals.
Use this checklist on your matter.
Quillio can run this checklist on a specific NSW conveyancing matter — confirm each item, calculate adjustments, and generate the supporting documents. The free trial requires no credit card.
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