Commonwealth Consolidated Acts

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FAIR WORK ACT 2009 - SECT 565

Appeals from eligible State or Territory courts

Appeals from original decisions of eligible State or Territory courts

             (1)  An appeal lies to the Federal Court from a decision of an eligible State or Territory court exercising jurisdiction under this Act.

          (1A)  No appeal lies from a decision of an eligible State or Territory court exercising jurisdiction under this Act, except:

                     (a)  if the court was exercising summary jurisdiction--an appeal, to that court or another eligible State or Territory court of the same State or Territory, as provided for by a law of that State or Territory; or

                     (b)  in any case--an appeal as provided for by subsection (1).

Appeals from appellate decisions of eligible State or Territory courts

          (1B)  An appeal lies to the Federal Court from a decision of an eligible State or Territory court made on appeal from a decision that:

                     (a)  was a decision of that court or another eligible State or Territory court of the same State or Territory; and

                     (b)  was made in the exercise of jurisdiction under this Act.

          (1C)  No appeal lies from a decision to which subsection (1B) applies, except an appeal as provided for by that subsection.

Leave to appeal not required

             (2)  It is not necessary to obtain the leave of the Federal Court, or the court appealed from, in relation to an appeal under subsection (1) or (1B).



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