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What happens after the court hearing?

Court of appeal - civil and criminal

On the day of the hearing and once both sides have completed their submissions, the court may take a short break to deliberate before giving judgment.

If the court does not deliver judgment on the day, the decision will be delivered within the next few months. This process is called reserved judgment. The court endeavours to deliver reserved judgments within three months of the hearing (excluding court leave periods). The registry is not able to provide a likely date for delivery of the judgment. As soon as the registry is advised that judgment is ready for delivery you will be advised (see below for that process). Delivery is usually, but not always, on Fridays.

In all matters, except for criminal appeals where a self-represented litigant is in custody, the registry will endeavour to inform you by telephone of the date and time for delivery of the reserved judgment. This usually occurs on the afternoon prior to delivery of the judgment. The daily law list also lists matters in which judgment is being delivered that day.

When a judgment is delivered, the registry creates an order in accordance with the decision of the court. A copy of that order stamped with the seal of the court and is posted to each party, usually within a week of the decision.

You can apply for special leave to appeal to the High Court of Australia. Time limits apply.

Common questions

If the judgment is reserved, a copy will be issued to the parties who attend court when the judgment is delivered. The parties are not charged for this service.

Parties who do not attend will be sent a copy of the judgment, which includes the reasons, to their last known address. For represented parties that copy will be sent to their representative.

If the judgment is delivered just after the hearing finishes, the written reasons for judgment will not be issued by the court at that time.

However, a transcript of the reasons for judgment is available from the State Reporting Bureau (SRB) (weblink to Transcripts and recordings).

Copies of judgments can also be obtained from the Australasian Legal Information Institute and the Supreme Court of Queensland Library. Judgments delivered immediately after hearing do not usually appear on the websites for some weeks.

How much does it cost for extra copies of reserved judgments?

The current list of copying costs can be found on the Supreme Court Library website or by phoning (07) 3247 4373.

Copies of judgments can also be obtained from the Australasian Legal Information Institute.

How much does it cost for extra copies of judgments given on the day?

If the judgment is given on the day of the hearing, copies of the transcript will be from the State Reporting Bureau (SRB).

Copies of these judgments can also be obtained from the Australasian Legal Information Institute and the Supreme Court of Queensland Library These judgments usually do not appear on the websites for some weeks.

How do I obtain copies of the transcript of the Court of Appeal hearing?

Copies of Court of Appeal hearing transcripts are usually available from the and the Supreme Court of Queensland Library.

Self-represented litigants are entitled to one free copy in criminal matters. However, transcripts must be purchased for civil matters.

What if my appeal is unsuccessful?

If your civil or criminal appeal is unsuccessful, you may be able to appeal to the High Court of Australia. Time limits apply.

For more information contact the High Court of Australia through their website http://www.hcourt.gov.au/or phone (07) 3248 1100 and fax (07) 3248 1260.

Last updated Wednesday, 19 December 2007 12:45