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FAMILY LAW ACT 1975 - SECT 47B

Leave to appeal needed for child support matters

             (1)  Leave of a single Judge of the Federal Circuit and Family Court of Australia (Division 1) is required to appeal to the Court from a decree of a court of summary jurisdiction of a State or Territory exercising jurisdiction under:

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

                     (b)  the Child Support (Registration and Collection) Act 1988 .

             (2)  Leave of the Supreme Court of a State or Territory is required to appeal to the Court from a decree of a court of summary jurisdiction of that State or Territory exercising jurisdiction under:

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

                     (b)  the Child Support (Registration and Collection) Act 1988 .

             (3)  An application for leave to appeal must be made within:

                     (a)  in the case of leave of 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 applicable Rules of Court may make provision for enabling applications for leave to be dealt with, subject to conditions prescribed by the Rules, without an oral hearing.



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