Grounds for appeal (Appeals)-FS

Question 1

Can you appeal a court decision simply because you disagree with it?

Answer 1

No, an appeal must be based on specific legal grounds, not mere disagreement.

Question 2

What are the two grounds under the First Appeal Test?

Answer 2

1. The decision was wrong, or
   
   2. The decision was unjust due to a serious procedural or other irregularity.

Question 3

What is a ‘second appeal’?

Answer 3

An appeal made against an appeal decision.

Question 4

What are the grounds for a second appeal (Second Appeal Test)?

Answer 4

1. There is an important point of principle or practice, or
2. There is a compelling reason for the appeal to be heard.

Question 5

Is the threshold for a second appeal higher or lower than for a first appeal?

Answer 5

Higher – it requires more significant justification.