Commonwealth Numbered Acts

FAMILY LAW ACT 1975 No. 53 of 1975 - SECT 96

96. (1) A person aggrieved by the decree of a court of summary jurisdiction of
a State or Territory exercising jurisdiction under this Act may, within such
time as is prescribed, appeal to the Family Court or to the Supreme Court of
that State or Territory.

(2) The Supreme Court of each State is invested with federal jurisdiction, and
jurisdiction is conferred on the Family Court and on the Supreme Court of each
Territory, to hear and determine appeals instituted in that Court 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) A court shall determine an appeal under this section in accordance with-

   (a)  the law in force on the date on which the hearing of the appeal is
        concluded; and

   (b)  the evidence that was before the court of summary jurisdiction and any
        other evidence adduced with the leave of that court under sub-section
        (5).

(5) On the hearing of an appeal to which this section applies a party is not
entitled to adduce evidence except with the leave of the court-

   (a)  granted on the ground that the evidence relates to matters that
        occurred after the hearing of the proceedings in the court of summary
        jurisdiction; or

   (b)  granted in special circumstances on another ground.