Western Australian Current Acts Western Australian Current Acts (1) A person aggrieved
by the decision of a court —
(a)
under section 23(1)(b) or 29(1)(b) to dismiss an application; or
(b) to
do any of the following —
(i)
make, vary or cancel a final order;
(ii)
refuse to make, vary or cancel a final order;
(iii)
make any other order in relation to a final order,
may appeal against
that decision in accordance with this section.
(2) If the decision
was made by the Magistrates Court, the appeal is to be made in accordance with
Part 7 of the Magistrates Court (Civil Proceedings) Act 2004 unless
subsection (6a)(a) applies.
(3) If the decision
was made by the Children’s Court when constituted so as not to consist
of or include a judge, the appeal is to be made in accordance with the
Children’s Court of Western Australia Act 1988 section 41.
(4) If the decision
was made by the Children’s Court when constituted so as to consist of or
include a judge, the appeal is to be made in accordance with the
Children’s Court of Western Australia Act 1988 section 42A.
(5) If the decision
was made by the District Court, the appeal is to be made to the Court of
Appeal in accordance with section 79(1)(a) of the
District Court of Western Australia Act 1969 .
(6) If the decision
was made by a judge of the Supreme Court, the appeal is to be made to the
Court of Appeal in accordance with section 58 of the Supreme Court Act 1935 .
(6a) If the decision
was made by a court hearing proceedings under the Family Court Act 1997 or the
Family Law Act 1975 of the Commonwealth, the appeal is to be made —
(a) in
the case of a decision of a court of summary jurisdiction, to the Family Court
of Western Australia in accordance with section 211(2) of the
Family Court Act 1997 ; and
(b)
otherwise to the Court of Appeal of the Supreme Court in accordance with
section 211(3) of the Family Court Act 1997 .
(6b) If —
(a) the
decision was made under section 63(1) to make a restraining order against a
person charged with an offence; and
(b) the
person charged is convicted of that or another offence; and
(c) the
person charged appeals against the conviction or the sentence imposed,
any appeal under
subsection (1) by the person charged against the decision is to be made to the
court that hears and determines the appeal against the conviction or sentence.
[Section 64 amended: No. 22 of 2000 s. 14; No. 45
of 2004 s. 37; No. 59 of 2004 s. 124; No. 14 of 2013 s. 5; No. 49 of 2016
s. 73.]