Appeal and New Trial

Abstract

An appeal is a substantive right created by statute enabling a party to seek to set aside or vary an order. The conferring statute determines the nature of an appeal, which typically falls into one of three types: appeals by way of rehearing, appeals by way of hearing de novo and appeals in the strict sense. Australian court systems have multiple levels of jurisdiction. Each level, with the exception of the High Court, generally has an avenue of appeal. The scope andnature of the appeal depends upon the terms of the statute creating the right of appeal. Appellate courts have wide powers to affirm, vary, or reverse judgments under appeal. Other powers include sending a case back for a retrial, setting aside jury verdicts, and granting a retrial.