87FRight of appeal in relation to making of serious domestic abuse prevention order

#### 87F Right of appeal in relation to making of serious domestic abuse prevention order 87F Right of appeal in relation to making of serious domestic abuse prevention order > > (1) Each of the following persons may appeal against a decision of an appropriate court in relation to the making of a serious domestic abuse prevention order— > > > > > (a) the applicant for the order, > > > > > (b) the person against whom the order is made. > > > (2) If the appropriate court that made the decision is— > > > > > (a) the Local Court—the appeal may be made to the Supreme Court, and > > > > > (b) the Supreme Court—the appeal may be made to the Court of Appeal. > > > (3) An appeal lies as of right on a question of law and with leave on a question of fact. > > > (4) An appeal as of right must be made within 28 days after the date on which the decision was made unless the court to which the appeal is being made grants leave for it to be made after that time. > > > (5) On an appeal, a court may— > > > > > (a) confirm, vary or reverse the decision the subject of the appeal, and > > > > > (b) make a consequential or ancillary order. > > > (6) The lodging of a notice of appeal under this section does not have the effect of staying the operation of the order concerned. > > > (7) The court that made the order may, on application by the person against whom the order is made, stay the operation of the order, if satisfied that it is safe to do so, having regard to the need to prevent the person engaging in domestic abuse of one or more of the persons referred to in section 87B(1)(c). > > > (8) A stay on the operation of the order continues until the appeal is finally determined, subject to any order or direction of the court to whom the appeal is made. > > > (9) This section has effect despite the [Crimes (Appeal and Review) Act 2001](/view/html/inforce/current/act-2001-120), section 63. > > **s 87F:** Ins 2024 No 59, Sch 1\[17\].