Appeal a district or supreme court decision about a debt

When you can appeal

You can appeal a District Court decision to the Supreme Court.

You can appeal a Supreme Court decision to the Court of Appeal.

Appeals must be lodged within 28 days of the decision.

You cannot appeal just because you disagree with the decision.  In some cases, you must first get leave (permission) to appeal from the court.

You will need leave to appeal:

• an interlocutory judgment
• a judgment with a value of less than $100,000
• a summary judgment
• a judgment or order made by consent
• a costs order made against you.

How to appeal

If you do not need leave to appeal

You need to complete a Form 105 – Notice of appeal (Court of Appeal).

You can get a copy of this form from:

• your nearest Local Court registry, or 
• the Uniform Civil Procedure Rules Civil Forms website.

In your form, you must state:

• the statutory provision under which you are appealing
• whether you are appealing the whole or part of the decision, and which part
• a brief overview of the grounds of the appeal
• what orders you are seeking
• any material facts you believe the Court should or shouldn’t have found.

If need leave to appeal

You need to complete:

• Form 104 - Summons seeking leave to appeal (Court of Appeal)
• Form 105 - Notice of appeal (Court of Appeal).

You can get a copy of these forms from:

• your nearest Local Court registry, or 
• the Uniform Civil Procedure Rules Civil Forms website.

You must also prepare a White Folder that contains:

• a copy of your Form 104 - Summons seeking leave to appeal (Court of Appeal)
• a draft copy of your Form 105 - Notice of appeal (Court of Appeal)
• a summary of argument
• a copy of the reasons given by the District or Supreme Court
• any other document that the Court needs to consider when deciding whether to grant you leave.

A summary of argument is a short document that explains:

• the nature of your case
• the questions involved in your case
• a brief overview of your argument
• the reasons why you should be granted leave
• any reasons why an order for costs should not be made against you if your appeal is refused
• whether your request for leave should be heard at the same time as your appeal
• a list of relevant cases and legislation. 

Using AI to prepare documents 

Check the Uniform Civil Procedure Rules 2005 before using a generative artificial intelligence (AI) program such as ChatGPT to prepare documents for the Local, District or Supreme Court of NSW. These Rules permit AI use in some documents, such as submissions or reports, but you must include a statement that all citations, legal authorities and case law referred to exist and are accurate and relevant to the proceedings. The District Court and the Supreme Court also have Practice Notes which permit AI use for some types of documents, such as chronologies and indexes.

Under the Rules, you must not use AI in your affidavit or witness statement, and these documents must include a statement that AI was not used to generate the content. You must not put any confidential information about your matter into an AI program.  If you are unsure or feel the Court should let you use AI due to exceptional circumstances, get legal advice.

Filing your documents 

You can file your completed forms, and white folder (if applicable) in person at the Court registry, or by post.

You need to file at least three copies of your documents and completed form(s).

You should make a copy of your completed form(s) and attachments before you file them. 

You should send your forms to the registry’s postal address, not its street address. You can find the registry’s postal address on the Contact us page on the Supreme Court of NSW website. 

When you file your form, you will have to pay a filing fee. For more information, see Fees on the Supreme Court of NSW website.

If you can’t afford to pay the filing fee, you may be able to apply to have the fee waived, reduced, or postponed. 

If you post your form, it won’t be processed until you have paid the filing fee.

Serving the other parties

You need to serve a copy of your sealed form on the other party(s) as soon as practicable.

If you’re asking for leave, you must also serve your White Folder on the other party(s) as soon as practicable.

You must also file a sealed copy of your form(s) with the District or Supreme Court.

If you apply for a stay order, you need to serve your Notice of Motion and Affidavit on the other party at least three days before the date fixed for the motion. 

If you apply for a stay order, you need to serve your Notice of Motion and Affidavit on the other party at least three days before the date fixed for the motion. 

You can do this:

• in person, or
• by post, to the other party’s address for service.

Stay of enforcement

Appealing won’t does not stay (stop) the operation of the original decision. The decision can still be enforced unless a stay order is made.

You may be able to apply to stay (stop) the execution of the judgment or order while you get advice about whether you can appeal, or until your appeal is heard.

The Court can make orders to:

• prohibit the Sheriff from taking any further action on a writ 
• prohibit any other person from taking any further action to enforce a judgment or order.

As a condition of a stay, the Court may order you to pay some or all of the judgment, or security for the costs of the appeal.

The Court can refuse to make a stay order where there is a risk that the assets of the applicant will be disposed of if the order is made. If the Court refuses your request for a stay, the other party can enforce the judgment.

To apply for a stay of enforcement, see Step by step guide: Stay of enforcement.

Transcript

You must obtain a copy of the transcript to provide to the Court.

To get a copy of a transcript from the Local Court or District Court, you can do this:

• online, via the Online Transcripts Portal on the Online Registry website, or
• by completing a Transcript order from Local and District Courts form.

For more information, see Transcripts forms and fees on the Department of Communities and Justice website.

To get a copy of a transcript from the Supreme Court, you can do this:

• online, via the Online Transcripts Portal on the Online Registry website, or
• by completing a Supreme Court of New South Wales Civil Jurisdiction TRANSCRIPT ORDER FORM.

For more information, see Order a transcript on the Supreme Court of NSW

The hearing

Generally, your appeal will be a re-hearing of the evidence that was given at the first hearing.

The court will consider:

• the documents produced at the original hearing
• the transcript of the original hearing. 

The court cannot receive fresh evidence except on special grounds.

The decision

After hearing your appeal, the court may:

• vary the terms of the judgment or order
• set aside the judgment or order
• set aside the judgment or order and remit your case back to the Local Court for determination in accordance with the District Court’s directions
• dismiss your appeal.

The court will have the same powers as the Local Court to:

• draw inferences and decide the facts, and
• assess damages.

Costs

If your appeal is dismissed, it is very likely that you will be ordered to pay the other party’s legal costs. 

Last updated: August 2026