lodging an appeal

How do I lodge an appeal?

How do I get a Notice of Appeal form to fill in?

What do I need to say on my Notice of Appeal form?

Is there a time limit to lodge an appeal?

What happens after I have lodged my appeal?

How do I lodge an appeal?

To lodge an appeal you need to:

The easiest way to deliver the form (and attached decision) to the court is either by:

Magistrates Court Country Registries can also accept Appeals and any other documents on behalf of the ERD Court.  Click here to view the list of registries and their addresses.

The court fee can be paid by:

Once you have lodged the appeal, you will need to send a copy of the Notice of Appeal form (and the attached decision) to the authority against whose decision you are appealing (for example, the local council or the Development Assessment Commission).

How do I get a Notice of Appeal form to fill in?

You can get a Notice of Appeal form by 

To download a copy of the Notice of Appeal for Development matters, please click one of the links below.

Word version (40.0KB)
PDF version
(212KB)

To download a copy of the Notice of Appeal for matters, other than Development, eg. Natural Resources, Environment Protection, Heritage, etc, please click one of the links below.

Word version (38.5KB)
PDF version (211KB)

What do I need to say on my Notice of Appeal form?

What you put on your form is up to you. You don’t have to use special legal language but you must explain to the court what decision you are appealing against and why.  This example of a completed appeal form may help you complete yours. 

Is there a time limit to lodge an appeal?

You have a limited time to lodge your Notice of Appeal.  The time limit depends on what sort of decision you are appealing against.  It can be as little as 15 days so it is important to act quickly if you are considering an appeal.  Usually the notice you receive from the Authority will advise you of the time limit you have to lodge an appeal.  Click here to view a list of the time limits for lodging different appeals with the ERD Court.

Time limits can be extended in some circumstances – so if you have not met the time limit but still want to appeal, contact the court and ask what you need to do to apply for an extension of time. 

What happens after I have lodged my appeal?

Once you have lodged your appeal the court will organise for you to attend a conference.

In planning matters, the court may also ask other interested people if they want to be joined as a party.

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