Supreme Court of Western Australia

Court of Appeal Procedure

Court of Appeal Rules

The Supreme Court (Court of Appeal) Rules 2005 (WA), which came into effect on 2 May 2005, set out the procedure for appeals. Criminal appeals proceed in much the same way as civil appeals under the Rules.

Under section 39 of the Acts Amendment (Court of Appeal) Act 2004 (WA), any reference in legislation or rules which refers to the "Full Court" or the "Court of Criminal Appeal" is read as if it had been amended to "Court of Appeal".

Note that the Supreme Court (Court of Appeal) Rules 2005 (WA) apply to appeals from decisions of judges of the Family Court of Western Australia exercising non-federal jurisdiction, which are made under section 211(3) of the Family Court Act 1997. The rules also apply to appeals from decisions (which are final, not interlocutory) of magistrates of the Family Court of Western Australia exercising non-federal jurisdiction, which are made under section 210A(2) of the Family Court Act 1997.

Filing documents in criminal appeals

Documents for criminal appeals in the Court of Appeal should be lodged at the Court of Appeal Office in the Supreme Court Building, Stirling Gardens, Barrack Street, Perth.

Email address for filing: courtofappeal.filing@justice.wa.gov.au (a maximum 40 page limit applies to filing by email. Please refer to Consolidated Practice Directions PD 1.2.2 pars [79]-[86] for further information.)

Filing documents in civil appeals

From 3 May 2021, all documents in civil appeals must be filed electronically using the Electronic Case Management System (ECMS) unless the Supreme Court (Court of Appeal) Rules 2005 (WA), Rules of the Supreme Court 1971 (WA) or the Consolidated Practice Directions provide otherwise.

Please refer to Electronic Filing for information on how to register for eLodgment on ECMS; and how to obtain help or apply to file otherwise than the ECMS if you experience issues with the eLodgment system.

Court of Appeal Registrar

The Court of Appeal Registrar is responsible for the control and management of the appellate processes in the Court of Appeal and supports the President in the administration of the Court. The Registrar also gives directions for the preparation of appeals for hearing and presides over mediations of appeals.

Mediation of Appeals

The Judges of the Court of Appeal actively encourage parties to a civil appeal to consider mediation as a means of resolving their dispute. Any party to a civil appeal who is interested in participating in a mediation of that appeal should contact the Court of Appeal Registrar.

Preparing your Appeal Papers

The information provided in these pages is to assist you in preparing your appeal papers, it is not legal advice.

Should you have any questions you may contact the Court of Appeal Office.


Last updated: 5-May-2021

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