A member asked over 8 years ago

Completion of an application for a re-hearing

hi,

I am seeking help to complete an application for a re-hearing. What will I need to do?

Law Advisor Research Team
Researchers at LawAdvisor

Hi there. It is not clear whether you want to apply for a rehearing because you were absent for the original court or tribunal hearing, or whether you want to appeal the decision of a court or tribunal.


If you did not attend your hearing at court or a tribunal, you have a right to apply for a rehearing or for the matter to be reopened. Strict time limits apply. Whether a rehearing is granted may be at the discretion of the court or tribunal.


If you want to appeal the decision of a court or tribunal, you ordinarily need to make an application to the court or tribunal that made the original decision and follow their process for appeals. Most appeals are heard by a higher court that will decide whether the original decision was legally incorrect, improper or invalid for some other reason. Generally, you cannot appeal a decision simply because you disagree with it or you think it is unfair. An appeal must be based on valid and specific grounds, depending on the nature of the proceeding and the court or tribunal from which you are appealing. There is also a risk that, if your appeal is unsuccessful, the higher court will make an order that you consider to be worse or more severe than the original decision. In some cases, an unsuccessful appeal can result in you having to pay the costs of the other party to the proceedings.


Suggested way forward

An application for a rehearing or an appeal can be a complicated and costly process. You should speak to a lawyer about your situation before deciding whether to proceed. They can explain what your legal options are and advise you of the best course of action. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.

Answered about 8 years ago   Legal disclaimer

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