Civil Appeals (LAWS90250)

Parties in civil litigation often appeal an adverse judgment, and decisions at first instance are frequently overturned on appeal.  An understanding of appeals is therefore critical for lawyers who act for parties in litigation.  This subject is primarily a detailed examination of the law governing civil appeals.

Indicative list of principal topics:

• The history of appeals
• Establishing whether there is a right of appeal
• Types of appeal
• Alternatives to appeal
• Leave to appeal
• Grounds of appeal including errors of law and errors of fact, excessive or inadequate damages, bias and denial of procedural fairness
• Standard of appellate review
• Drafting a notice of appeal
• Amending the grounds of appeal
• Admitting new evidence
• Orders, costs and interest.