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FAMILY LAW ACT 1975 - SECT 47A

Appeals from courts of summary jurisdiction

             (1)  Subject to section 47B, an appeal lies from a decree of a court of summary jurisdiction of a State or Territory exercising jurisdiction under:

                     (a)  this Act; or

                     (b)  the Child Support (Assessment) Act 1989 ; or

                     (c)  the Child Support (Registration and Collection) Act 1988 ;

to:

                     (d)  the Federal Circuit and Family Court of Australia (Division 1); or

                     (e)  the Supreme Court of that State or Territory.

             (2)  Subsection (1) does not apply to a decree of the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia.

             (3)  An appeal under subsection (1) must be instituted within:

                     (a)  in the case of an appeal to the Federal Circuit and Family Court of Australia (Division 1):

                              (i)  the time prescribed by the Federal Circuit and Family Court (Division 1) Rules; or

                             (ii)  such further time as is allowed in accordance with those Rules; and

                     (b)  in any other case:

                              (i)  the time prescribed by the standard Rules of Court; or

                             (ii)  such further time as is allowed in accordance with those Rules.

             (4)  The Supreme Court of each State is invested with federal jurisdiction, and jurisdiction is conferred on the Supreme Court of each Territory, with respect to matters arising under this Act, in respect of which appeals are instituted under this section.

Note:          For jurisdiction in relation to child support legislation, see section 101 of the Child Support (Assessment) Act 1989 and section 106 of the Child Support (Registration and Collection) Act 1988 .

             (5)  The Governor-General may, by Proclamation, fix a date as the date on or after which appeals to the Supreme Court of a specified State or Territory under this section may not be instituted, and such a Proclamation may be expressed to apply only to proceedings of a specified class or specified classes.

             (6)  The court hearing an appeal under this section:

                     (a)  must proceed by way of a hearing de novo, but may receive as evidence any record of evidence given, including any affidavit filed or exhibit received, in the court of summary jurisdiction; and

                     (b)  must have regard to the evidence given in the proceedings out of which the appeal arose and has power to draw inferences of fact and, in its discretion, to receive further evidence upon questions of fact, which may be given:

                              (i)  by affidavit; or

                             (ii)  by oral examination before the court; or

                            (iii)  as provided for in Division 2 of Part XI; and

                     (c)  may make such decrees as the court considers appropriate, including a decree affirming, reversing or varying the decree the subject of the appeal.

Decrees made in section 69GA proceedings treated like decrees of courts of summary jurisdiction

             (7)  This section applies in relation to a decree of a court made in section 69GA proceedings in the same way as this section would apply in relation to a decree of a court of summary jurisdiction.



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