Western Australian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]


210AB .         Case stated

        (1)         If, in proceedings in the Magistrates Court, being proceedings in which a decree to which section 210A applies could be made, a question of law arises which —

            (a)         the family court magistrate; and

            (b)         at least one of the parties,

                wish to have determined by the Court of Appeal before the proceedings are further dealt with —

            (c)         the family law magistrate must state the facts and question in the form of a special case for the opinion of the Court of Appeal; and

            (d)         the Court of Appeal must hear and determine the question.

        (2)         The Court of Appeal may draw from the facts and the documents any inference, whether of fact or of law, which could have been drawn from them by the family law magistrate.

        [Section 210AB inserted: No. 35 of 2006 s. 38.]

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback