Last updated 20 January 2022
If you are unhappy with the outcome of a review by the District Court, you can seek leave to apply to the Queensland Court of Appeal for an appeal of the District Court decision (s 118 District Court of Queensland 1967 (Qld) (DCQ Act)).
The Court of Appeal may not grant you leave to appeal the District Court decision. In determining whether to grant you a right to appeal, the Court of Appeal may:
- inform itself about the case in any way that it considers appropriate, which includes referring to the appeal record (being the records from the District Court and/or Coroners Court)
- decide the application for leave summarily without hearing any evidence (s 118(4) DCQ Act).
The Court of Appeal may grant you leave to appeal if it considers that there is a reasonably arguable right of appeal (s 118(5) DCQ Act). Generally, an appeal to the Court of Appeal will be held by way of rehearing (r 765 Uniform Civil Procedure Rules 1999 (Qld) (UCP Rules)). This means that the Court of Appeal will only consider the evidence that was before the District Court, not any new evidence. You must apply for leave to appeal within 28 days of the date the District Court decision was given (r 748 UCP Rules).