An appeal is not a second bite because the first bite tasted bitter
The first question is not whether the decision feels unfair. The first question is whether the judge made an error of law, applied the wrong test, reached a conclusion not properly open on the evidence, gave inadequate reasons, or dealt with the case in a procedurally unfair way.
A represented party may have had the smoother presentation. That does not automatically make the decision appealable. But if the court accepted the wrong legal route, misunderstood the evidence, overlooked a decisive document or failed to give proper reasons, there may be work to do.
Common appeal issues
Common issues include wrong legal tests, refusal to consider relevant evidence, reliance on irrelevant matters, inadequate reasons, procedural unfairness, failure to deal with an application, misunderstanding a document, or making an order outside the court's proper basis.
Timing is central. Appeal deadlines can be short, and permission may be required. Delay can make a good point harder to run.
The pitfalls many people miss
Many draft grounds of appeal read like a complaint letter. They say the judge was wrong, biased, unfair or did not listen. That may be how it felt, but an appeal must identify the legal error and show why it matters.
Another pitfall is failing to obtain or reconstruct the judgment, failing to identify the order being appealed, or building an appeal bundle that does not let the appeal court see the point.
How Fenton Marsh & Co helps
We can review the order, judgment, reasons, notes, applications and evidence to identify whether there is an arguable appeal point. Where appropriate, we can help prepare draft grounds, appellant notices, permission materials, evidence schedules, appeal bundles and speaking notes.
This is careful appeal preparation at controlled cost. We do not promise an appeal will succeed. We aim to put any arguable error in its proper legal form before more money is spent.