skip to content

Refine results

Search by

Search by Algolia
Law Handbook banner image

Can an intervention order be appealed?

An intervention order can be appealed to the Supreme Court within 21 days of the Magistrates Court making an order in relation to the intervention order. However, permission to appeal would ordinarily need to be requested and granted before an appeal itself is heard.

As there are cost risks associated with an unsuccessful appeal, legal advice should always be sought before commencing an appeal (which would include a request for permission to appeal).

Although intervention orders are not criminal in nature, the Magistrates Court Rules 1992 (Criminal) (SA) provide that the jurisdiction to hear and determine them is vested in the Criminal Division of the court [see Rule 4.07]. A party to an action in the criminal division of the Magistrates Court (including an intervention order) can appeal against a judgment [see Magistrates Court Act 1991 (SA) s 42]. That appeal lies to a single Judge of the Supreme Court of South Australia [s 42(2)(b)], and must be lodged within 21 calendar days of the date of the judgment being made in the Magistrates Court [Uniform Civil Rules 2020 (SA) rr 212.2, 214.1(1); see also Chapter 12A of the Supreme Court Criminal Rules 2014 (SA) which govern criminal appeals before a single Judge].

If an application is made after the 21 calendar day time limit, an extension of time would need to be sought and granted in addition to permission to appeal being sought and granted.

Permission to appeal must be requested together with the appeal as case law has determined that the action of a Magistrate in making a judgment on an intervention order (including ordering a final intervention order) is an interlocutory judgment [see Magistrates Court Act 1991 (SA) s 42(1a); Groom v Police (No. 3) [2013] SASC 93; Marley-Duncan v Police [2015] SASC 146]. Permission may be granted where there are special reasons why it would be in the interests of justice to have the appeal determined [Magistrates Court Act 1991 (SA) s 42(1a)(c)]. For these types of cases, this means that there must be at least an arguable case for the appeal [see Thakur v Police [2016] SASC 75 at [26]].

A confirmed intervention order will remain in force until an appeal is determined.

In an emergency: 000

For police attendance: 131 444

Domestic Violence Crisis Line: 1800 800 098

1800 RESPECT: 1800 737 732.

Can an intervention order be appealed?  :  Last Revised: Wed May 20th 2020
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.