Criminal appeals - How to start an appeal

1. Check your information

Check that you are able to appeal and that you are commencing the proceedings within any specified time limit.

2. Find the right form

Appeals and applications for leave to appeal are to be commenced by summons (Form 84 (version 6 (DOC , 88.0 KB)).

A summons commencing an appeal is to state the general grounds of appeal ( s 34(2) of the Crimes (Appeal and Review) Act).

A summons seeking leave to appeal is to attach a written notice of appeal in the form of a summons ( s 34(3) of the Crimes (Appeal and Review) Act).   If the Court grants leave to appeal, an appeal is taken to have been made in accordance with the written notice of appeal ( s 34(5) of the Crimes (Appeal and Review) Act).   The summons seeking leave to appeal needs to state the general grounds of the application for leave to appeal and, if late application is made for leave, needs to state the reasons why an appeal or application for leave to appeal was not made within the time allowed ( s 34(4) of the Crimes (Appeal and Review) Act).

3. Check the fee

There is a court filing fee that has to be paid to the court to appeal or apply for leave to appeal in Classes 6 and 7.  The current fee is stated in the Schedule of court fees.

4. File the summons 

Appeals and applications for leave to appeal in Classes 6 and 7 are commenced by lodging with the registrar of the Court or the person in charge of the place where the applicant is in custody, three copies of the completed summons commencing the appeal or the completed summons seeking leave to appeal together with a summons commencing an appeal ( s 34 and s 44 of the Crimes (Appeal and Review) Act) and paying the Court’s filing fee.   A person may lodge the summons with the registrar by filing three copies of the summons and paying the filing fee at the Court’s registry on Level 4, 225 Macquarie Street, Sydney or posting three copies of the summons and the filing fee to the court at GPO Box 3565, Sydney, NSW, 2001.

In addition, all Local Courts throughout New South Wales act as agents for the Land and Environment Court. A summons can be filed and the filing fee paid at any Local Court registry. The Local Court registry staff will give a receipt for the payment of the filing fee and will forward the papers to the Land and Environment Court for processing.

The Court will process the summons at the Court’s registry. The summons will be recorded in the Court’s record system and stamped as having been filed with the Court. The date, time and place of the first directions hearing before the Court will be set and written by the Court’s staff on each of the copy of the summons. The first directions hearing will usually be six weeks after the date of filing of the summons.

The Court’s registry will keep one copy of the summons for the Court’s file and return the other copies of the summons to the applicant. One of the returned copies is for the applicant to keep and the other copy is to be served on the respondent to the proceedings. 

5. Court requests and receives local court file 

After the summons commencing the appeal or summons seeking leave to appeal has been filed with the Court, the Court’s registrar is to immediately forward a copy to the prosecutor in the Local Court proceedings, the registrar of the Local Court, and the Director of Public Prosecutions ( s 35(1) of the Crimes (Appeal and Review) Act).  The Court’s registrar requests the registrar of the Local Court to send to the Land and Environment Court the relevant papers from the Local Court’s file (including a copy of the relevant order or conviction) and the transcript of the hearing.

As soon as practicable after receiving the summons, the registrar of the Local Court is to send the relevant papers from the Local Court’s file (including a copy of the relevant order or conviction made by the Local Court) and the transcript of the hearing to the registrar of the Land and Environment Court ( s 35(2) of Crimes (Appeal and Review) Act).

6. Serve the summons

A stamped copy of the summons needs to be served on the respondent to the proceedings, within 7 days of filing. The Court has prepared a guide for the service of documents for self-represented litigants. (PDF , 68.3 KB) The guide explains what is meant by service of documents and how this is to be undertaken.

7. Respondent files notice of appearance

After the applicant serves the summons, the respondent needs to acknowledge service and register its desire to take part in the proceedings. This is known as filing a notice of appearance. (DOC , 50.0 KB) The respondent needs to complete and file with the court, and serve on the applicant, a notice of appearance.