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FAMILY LAW ACT 1975 - SECT 96

Appeals from courts of summary jurisdiction

       (1AA)  This section does not apply to a decree of the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia.

Note:          Appeals from these decrees are dealt with in section 94AAA.

             (1)  An appeal lies from a decree of a court of summary jurisdiction of a State or Territory exercising jurisdiction under this Act to the Family Court or to the Supreme Court of that State or Territory.

          (1A)  An appeal under subsection (1) 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)  The Supreme Court of each State is invested with federal jurisdiction, and jurisdiction is conferred on the Supreme Court of each Territory, with respect to matters arising under this Act in respect of which appeals are instituted under this section.

             (3)  The Governor-General may, by Proclamation, fix a date as the date on or after which appeals to the Supreme Court of a specified State or Territory under this section may not be instituted.

             (4)  The court hearing an appeal under this section:

                     (a)  shall, subject to subsection (5), proceed by way of a hearing de novo , but may receive as evidence any record of evidence given, including any affidavit filed or exhibit received, in the court of summary jurisdiction; and

                     (b)  may make such decrees as it considers appropriate, including a decree affirming, reversing or varying the decree the subject of the appeal.

             (5)  The court hearing an appeal under this section may, on the application of a party or of its own motion, refer the appeal to a Full Court of the Family Court.

             (6)  Where an appeal is referred to a Full Court of the Family Court under subsection (5), the Full Court may:

                     (a)  proceed by way of a hearing de novo , but may receive as evidence any record of evidence given, including any affidavit filed or exhibit received in the court of summary jurisdiction;

                     (b)  order that questions of fact arising in the proceedings be tried by a Judge;

                     (c)  determine questions of law arising in the proceedings and remit the appeal to a Judge for hearing in accordance with directions given by it; and

                     (d)  make such other decrees as it considers appropriate, including a decree affirming, reversing or varying the decree the subject of the appeal.



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