Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

FAMILY LAW ACT 1975 - SECT 94AA

Leave to appeal needed in some cases

             (1)  The following table sets out the circumstances in which leave to appeal is required:

 

Requirements for leave to appeal

Item

Appeal from

Appeal to

Who determines the application for leave to appeal

1

a prescribed decree of the Family Court (constituted otherwise than as a Full Court)

a Full Court of the Family Court

a Full Court of the Family Court

2

a prescribed decree of a Family Court of a State

a Full Court of the Family Court

a Full Court of the Family Court

3

a prescribed decree of a Supreme Court of a State or Territory constituted by a single Judge

a Full Court of the Family Court

a Full Court of the Family Court

4

a prescribed decree of the Federal Circuit Court of Australia

the Family Court

(a) a single Judge of the Family Court (who need not be a member of the Appeal Division); or

(b) a Full Court of the Family Court

5

a prescribed decree of the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia

the Family Court

(a) a single Judge of the Family Court (who need not be a member of the Appeal Division); or

(b) a Full Court of the Family Court

             (2)  Despite subsection (1), an order by consent disposing of an application under this section for leave to appeal under subsection 94(1) or (1AA) (including an order for costs) may be made by:

                     (a)  a Full Court of the Family Court; or

                     (b)  a Judge of the Appeal Division; or

                     (c)  another Judge if there is no Judge of the Appeal Division available.

          (2A)  Despite subsection (1), an order by consent disposing of an application under this section for leave to appeal under subsection 94AAA(1) or (1A) (including an order for costs) may be made by:

                     (a)  a Full Court of the Family Court; or

                     (b)  a single Judge of the Family Court (who need not be a member of the Appeal Division).

             (3)  The standard 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.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback