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FAMILY LAW ACT 1975 - SECT 94

Appeals to Family Court from courts other than Federal Circuit Court and Magistrates Court of Western Australia

             (1)  Subject to sections 94AAA and 94AA, an appeal lies to a Full Court of the Family Court from:

                     (a)  a decree of the Family Court, constituted otherwise than as a Full Court, exercising original or appellate jurisdiction:

                              (i)  under this Act; or

                             (ii)  under any other law; or

                     (b)  a decree of:

                              (i)  a Family Court of a State; or

                             (ii)  a Supreme Court of a State or Territory constituted by a single Judge;

                            exercising original or appellate jurisdiction under this Act or in proceedings continued in accordance with any of the provisions of section 9.

Note:          This subsection applies to appeals from the making, variation and revocation of court security orders under the Court Security Act 2013 as described in section 94AB.

       (1AA)  An appeal lies to a Full Court of the Family Court from a decree or decision of a Judge exercising original or appellate jurisdiction under this Act rejecting an application that he or she disqualify himself or herself from further hearing a matter.

          (1A)  An appeal under subsection (1) or (1AA) shall be instituted within the time prescribed by the standard Rules of Court or within such further time as is allowed in accordance with the standard Rules of Court.

             (2)  Upon such an appeal, the Full Court may affirm, reverse or vary the decree or decision the subject of the appeal and may make such decree or decision as, in the opinion of the court, ought to have been made in the first instance, or may, if it considers appropriate, order a re-hearing, on such terms and conditions, if any, as it considers appropriate.

          (2A)  If, in dismissing an appeal under subsection (1) or (1AA), the Full Court is of the opinion that the appeal does not raise any question of general principle, it may give reasons for its decision in short form.

          (2B)  A Full Court of the Family Court, or a Judge of the Appeal Division or other Judge if there is no Judge of the Appeal Division available, may:

                     (a)  join or remove a party to an appeal under subsection (1) or (1AA); or

                     (b)  make an order by consent disposing of an appeal under subsection (1) or (1AA) (including an order for costs); or

                     (c)  give directions about the conduct of an appeal under subsection (1) or (1AA), including directions about the use of written submissions and limiting the time for oral argument.

          (2C)  The standard Rules of Court may make provision enabling matters of the kind mentioned in subsection (2B) to be dealt with, subject to conditions prescribed by the standard Rules of Court, without an oral hearing.

          (2D)  Applications of a procedural nature, including applications:

                     (a)  for an extension of time within which to institute an appeal under subsection (1) or (1AA); or

                     (b)  for leave to amend the grounds of an appeal under subsection (1) or (1AA); or

                     (c)  to reinstate an appeal under subsection (1) or (1AA) that, because of the standard Rules of Court, was taken to have been abandoned; or

                     (d)  to stay an order of a Full Court of the Family Court made in connection with an appeal under subsection (1) or (1AA); or

                     (e)  for an extension of time within which to file an application for leave to appeal; or

                      (f)  for security for costs in relation to an appeal; or

                     (g)  to reinstate an appeal dismissed under a provision of the Rules of Court; or

                     (h)  to adjourn the hearing of an appeal; or

                      (i)  to vacate the hearing date of an appeal; or

                      (j)  to expedite the hearing of an appeal;

may be heard and determined by a Judge of the Appeal Division or other Judge if there is no Judge of the Appeal Division available, or by a Full Court of the Family Court.

          (2E)  The standard Rules of Court may make provision enabling applications of a kind mentioned in subsection (2D) to be dealt with, subject to conditions prescribed by the standard Rules of Court, without an oral hearing.

           (2F)  No appeal lies under this section from an order or decision made under subsection (2B) or (2D).

             (3)  This section does not apply in relation to a proceeding that is transferred to the Court from the Federal Court of Australia.



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