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FAMILY LAW ACT 1975 - SECT 94AAA

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

             (1)  An appeal lies to the Family Court from:

                     (a)  a decree of the Federal Circuit Court of Australia exercising original jurisdiction under this Act; or

                     (b)  a decree or decision of a Judge of the Federal Circuit Court of Australia exercising original jurisdiction under this Act rejecting an application that he or she disqualify himself or herself from further hearing a matter.

          (1A)  An appeal lies to the Family Court from:

                     (a)  a decree of the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia exercising original jurisdiction under this Act; or

                     (b)  a decree or decision of a Family Law Magistrate of Western Australia exercising in the Magistrates Court of Western Australia original jurisdiction under this Act rejecting an application that he or she disqualify himself or herself from further hearing a matter.

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.

             (2)  Subsections (1) and (1A) have effect subject to section 94AA.

             (3)  The jurisdiction of the Family Court in relation to an appeal under subsection (1) or (1A) is to be exercised by a Full Court unless the Chief Justice considers that it is appropriate for the jurisdiction of the Family Court in relation to the appeal to be exercised by a single Judge.

             (4)  Subsection (3) has effect subject to subsections (8) and (10).

             (5)  An appeal under subsection (1) or (1A) is to be instituted within:

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

                     (b)  such further time as is allowed in accordance with the standard Rules of Court.

             (6)  On an appeal under subsection (1) or (1A), the Family 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.

             (7)  If, in dismissing an appeal under subsection (1) or (1A), the Family 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.

             (8)  A single Judge or a Full Court may:

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

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

                     (c)  give directions about the conduct of an appeal under subsection (1) or (1A), including directions about:

                              (i)  the use of written submissions; and

                             (ii)  limiting the time for oral argument.

             (9)  The standard Rules of Court may make provision enabling matters of the kind mentioned in subsection (8) to be dealt with, subject to conditions prescribed by the standard Rules of Court, without an oral hearing.

           (10)  Applications of a procedural nature, including applications:

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

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

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

                     (d)  to stay an order of the Family Court made in connection with an appeal under subsection (1) or (1A); 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 single Judge or by a Full Court.

           (11)  The standard Rules of Court may make provision enabling applications of a kind mentioned in subsection (10) to be dealt with, subject to conditions prescribed by the standard Rules of Court, without an oral hearing.

           (12)  An appeal does not lie to a Full Court from a decision of a single Judge exercising jurisdiction under this section.

           (13)  The single Judge referred to in subsection (3), (8) or (10) need not be a member of the Appeal Division.



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