Commonwealth Consolidated Acts

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FAMILY LAW ACT 1975 - SECT 94A

Case stated

             (1)  If, in proceedings in a court, being proceedings in which a decree or decision to which subsection 94(1) or (1AA) applies could be made, a question of law arises which the Judge and at least one of the parties wish to have determined by a Full Court of the Family Court before the proceedings are further dealt with, the Judge shall state the facts and question in the form of a special case for the opinion of a Full Court, and a Full Court shall hear and determine the question.

             (2)  The Full Court may draw from the facts and the documents any inference, whether of fact or of law, which could have been drawn from them by the Judge.

             (3)  If, in proceedings in the Federal Circuit Court of Australia, being proceedings in which a decree or decision to which subsection 94AAA(1) applies could be made, a question of law arises which:

                     (a)  the Judge of the Federal Circuit Court of Australia; and

                     (b)  at least one of the parties;

wish to have determined by a Full Court of the Family Court before the proceedings are further dealt with:

                     (c)  the Judge of the Federal Circuit Court of Australia must state the facts and question in the form of a special case for the opinion of a Full Court of the Family Court; and

                     (d)  a Full Court of the Family Court must hear and determine the question.

             (4)  The Full Court may draw from the facts and the documents any inference, whether of fact or of law, which could have been drawn from them by the Judge of the Federal Circuit Court of Australia.

             (5)  If, in proceedings in the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia, being proceedings in which a decree or decision to which subsection 94AAA(1A) applies could be made, a question of law arises which:

                     (a)  the Magistrate; and

                     (b)  at least one of the parties;

wish to have determined by a Full Court of the Family Court before the proceedings are further dealt with:

                     (c)  the Magistrate must state the facts and question in the form of a special case for the opinion of a Full Court of the Family Court; and

                     (d)  a Full Court of the Family Court must hear and determine the question.

             (6)  The Full Court may draw from the facts and the documents any inference, whether of fact or of law, which could have been drawn from them by the Magistrate.



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