COMMERCIAL AND CIVIL LITIGATION AND DISPUTES

Appealing a Court Decision – Real Experience

Aitken Whyte Lawyers Sunshine Coast

COMMERCIAL AND DISPUTE RESOLUTION LAWYERS AND SOLICITORS FOR MAROOCHYDORE, SUNSHINE COAST, QLD

Successful Appeal Experience

Our firm recently acted for a litigant in a successful Appeal from a decision in the Magistrates’ Court of Queensland to the District Court, sitting in its Appellate Jurisdiction.

Our client suffered a disappointing loss in the Magistrates Court, but we considered that the Magistrate made an error of law. We acted for our client in an Appeal from the decision of the Magistrates Court to the District Court of Queensland.

We drafted the Notice of Appeal, and instructed an experienced barrister to appear at the Appeal hearing before the Judge.

After a hearing before a single judge of the District Court of Queensland, the Judge’s decision was to allow the Appeal, and set aside the Orders that were made against our client in the Magistrates’ Court.

Our client, the Appellant in the District Court proceedings, also obtained a Costs’ Order against the Respondent to the Appeal, to recover his costs of the Appeal.

A link to the decision referred to above is here:

https://archive.sclqld.org.au/qjudgment/2019/QDC19-254.pdf

Magistrates and Judges do not always get their decisions right. Parties in litigation in the Queensland courts or in the Federal courts who are unsuccessful, may have a right of Appeal to an Appellate Court.

If you have had a decision made against you in Court that you are not happy with, we suggest that you get legal advice as to your Appeal rights as early as possible, as there are time limits that may make your appeal more difficult or result in you losing your right to appeal.

Here to Help

Proper experience in appealing decisions is essential. Aitken Whyte Lawyers are focused on results. Our commercial and civil litigation and disputes team will advise you on the proper course to take if you are considering appealing a Judgement, order or decision.

Aitken Whyte Lawyers can assist you to run an Appeal in any QLD or Federal Court Jurisdiction.

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Sunshine Coast

Maroochydore
Aitken Whyte Lawyers
11/8 Pikki Street,
Maroochydore Qld 4558
Ph: +617 5408 0655
Fax: +617 3211 9311
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SUNSHINE COAST OFFICE
Aitken Whyte Lawyers

M3 – 28, The Wharf,                                                                123 Parkyn Parade,                                             Mooloolaba, Qld 4557
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Lawyers for Sunshine Coast, Maroochydore, Mooloolaba, Buderim, Noosa, Nambour and Caloundra, Queensland, Australia.