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FAMILY LAW ACT 1975 - SECT 94AB

Appeals relating to court security orders

             (1)  This section deals with the application of this Part in relation to the making, variation or revocation of a court security order under Part 4 of the Court Security Act 2013 by a member (as defined in that Act) of:

                     (a)  the Family Court; or

                     (b)  the Family Court of Western Australia.

             (2)  This Part applies as if the making, variation or revocation were a decree of the member's court in the exercise of original jurisdiction under this Act.

Note:          As a result, an appeal from the making, variation or revocation lies under subsection 94(1), if the member is a member of the Family Court or a member of the Family Court of Western Australia other than a Family Law Magistrate of Western Australia.

             (3)  However, if the member is a member of the Family Court of Western Australia because he or she is a Family Law Magistrate of Western Australia, this Part applies as if:

                     (a)  the making, variation or revocation were a decree of the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia exercising original jurisdiction under this Act; and

                     (b)  proceedings for the making, variation or revocation were proceedings in the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia.

Note:          As a result, an appeal from the making, variation or revocation by the member lies under subsection 94AAA(1A).



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