Appealing a local court decision about a debt

Appeal from the Small Claims Division of the Local Court

If you are unhappy with the decision of the Local Court, you may be able to appeal to the District Court within 28 days.

You cannot appeal just because you do not like the court’s decision.

You can only appeal if: ​

• ​you have been denied procedural fairness, for example, you were not given a fair chance to present your case.
• the court made a decision or order that it did not have the power to make.

You can’t appeal just because you don’t like the court’s decision.

Appeal from the General Division of the Local Court

If you are unhappy with the decision of the Local Court, you may be able to appeal to the Supreme Court within 28 days.

You can appeal on a question of law. This includes situations where the court:

• did not follow the law correctly
• had no evidence to support a decision or conclusion that it reached
• made a decision or reached a conclusion that was contrary to the evidence.

You may be able to appeal with the leave (permission) of the court about:

• a question of mixed law and fact
• an interlocutory judgment or order
• a judgment or order made by consent
• a costs order made against you.

How to appeal

You need to complete:

• a Summons commencing an appeal (Part 50) / Summons seeking leave to appeal (Part 50)
• a Form 40 - Affidavit.

You can do this: 

• online, via the NSW Online Registry, or 
• in writing.

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:

• whether the appeal relates to the whole or part of the court’s decision, and which parts
• the grounds you are relying on in support of your appeal, including any errors of law made by the court 
• what decision you want the appeal court to make.

If you are asking for leave to appeal, you must also state:

• the nature of the case
• the reasons why leave should be given 
• the reasons why time to apply for leave should be extended, if necessary.

Your affidavit must annex:

• a sealed copy of the order that you are appealing and a certified copy of the reasons for the decision 
• a copy of the transcript of the hearing 
• a copy of any exhibit, affidavit or other document from the hearing that you want the court to consider in your appeal.

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.

Extension of time

If you want to appeal after 28 days, you must ask for an extension of time in your Summons.

To do this, you must ask for an order “That time for filing an appeal be extended.”

Leave to appeal

To ask for leave to appeal, you must include in your Summons:

• the nature of the case
• the reasons why leave should be given
• the reasons why time to apply for leave should be extended, if necessary.

If you file an appeal without asking for leave, your appeal may be dismissed.

Filing your completed forms

You can file a paper form in person at the court registry, or by post.

You must file at least three copies of your completed form.

You should make a copy of your completed form 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 District Court of NSW website. 

When you file your forms, you will have to pay a filing fee. For more information, see Civil jurisdiction forms and fees on the District 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 party

You need to serve your Summons on the other party(s) at least five days before the date your court date.

You must serve your affidavit on the other party no later than three days before the date your Summons will be heard. 

You must also file a sealed copy of your Summons with the Local Court.

Stay order

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.

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, you need to complete a:

• Form 20 – Notice of Motion 
• Form 40 – Affidavit.

You can do this:

• online, via the NSW Online Registry, or  
• in writing.

For more information, see Step by step guide: Stay of enforcement.

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 the original hearing
• the transcript of the original hearing.

The court can’t 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.

Costs

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

Appeal the District or Supreme Court decision

If you are unhappy with the decision of the District Court, you may be able to appeal to the Supreme Court within 28 days of the date of the decision.

If you are unhappy with the decision of the Supreme Court, you may be able to appeal to the Court of Appeal within 28 days of the date of the decision.

You will need to ask for leave (permission) 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.

For more information, see Appeal a district or supreme court decision about a debt.