Commonwealth Numbered Acts Commonwealth Numbered ActsPart 1 — Amendments relating to the Magistrates Court of Western Australia
Child Support (Assessment) Act 1989
1 After subsection 102A(1)
Insert:
(1A) An appeal lies, with the leave of the Family Court, to the Family Court from:
(a) a decree of the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia exercising original jurisdiction under this Act; or
(b) a decree or decision of a Family Law Magistrate of Western Australia exercising in the Magistrates Court of Western Australia original jurisdiction under this Act rejecting an application that he or she disqualify himself or herself from further hearing a matter.
Note 1: The heading to section 102 is altered by adding at the end “ and the Magistrates Court of Western Australia ”.
Note 2: The heading to section 102A is altered by adding at the end “ and the Magistrates Court of Western Australia ”.
2 Subsections 102A(2), (4), (5), (6), (7) and (9)
After “subsection (1)” (wherever occurring), insert “or (1A)”.
3 At the end of section 103
Add:
(5) If, in proceedings in the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia, being proceedings in which a decree to which subsection 102A(1A) applies could be made, a question of law arises which:
(a) the Magistrate; and
(b) at least one of the parties;
wish to have determined by a Full Court of the Family Court before the proceedings are further dealt with:
(c) the Magistrate must state the facts and question in the form of a special case for the opinion of a Full Court; and
(d) a Full Court must hear and determine the question.
(6) The Full Court may draw, from the facts and the documents, any inference, whether of fact or of law, that could have been drawn from them by the Magistrate.
4 Before subsection 105(1)
Insert:
(1A) 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 102A.
Child Support (Registration and Collection) Act 1988
5 Subsection 4(1)
Insert:
"Family Law Magistrate of Western Australia" has the same meaning as in the Family Law Act 1975 .
6 After subsection 107A(1)
Insert:
(1A) An appeal lies, with the leave of the Family Court, to the Family Court from:
(a) a decree of the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia exercising original jurisdiction under this Act; or
(b) a decree or decision of a Family Law Magistrate of Western Australia exercising in the Magistrates Court of Western Australia original jurisdiction under this Act rejecting an application that he or she disqualify himself or herself from further hearing a matter.
Note 1: The heading to section 107 is altered by adding at the end “ and the Magistrates Court of Western Australia ”.
Note 2: The heading to section 107A is altered by adding at the end “ and the Magistrates Court of Western Australia ”.
7 Subsections 107A(2), (4), (5), (6), (7) and (9)
After “subsection (1)” (wherever occurring), insert “or (1A)”.
8 At the end of section 108
Add:
(5) If, in proceedings in the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia, being proceedings in which a decree to which subsection 107A(1A) applies could be made, a question of law arises which:
(a) the Magistrate; and
(b) at least one of the parties;
wish to have determined by a Full Court of the Family Court before the proceedings are further dealt with:
(c) the Magistrate must state the facts and question in the form of a special case for the opinion of a Full Court; and
(d) a Full Court must hear and determine the question.
(6) The Full Court may draw, from the facts and the documents, any inference, whether of fact or of law, that could have been drawn from them by the Magistrate.
9 Before subsection 110(1)
Insert:
(1A) 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 107A.
10 Subsection 4(1)
Insert:
"Family Law Magistrate of Western Australia" means a person who holds office concurrently:
(a) as a magistrate under the Magistrates Court Act 2004 of Western Australia; and
(b) as the Principal Registrar, or as a Registrar, of the Family Court of Western Australia.
11 Subsection 39(7)
Repeal the subsection, substitute:
(7) The Governor‑General may, by Proclamation, fix a day as the day on and after which proceedings in relation to matters arising under this Part may not be instituted in, or transferred to, a court of summary jurisdiction in a specified State or Territory.
(7AAA) Without limiting the generality of subsection (7), a Proclamation under that subsection may be expressed to apply only in relation to one or more of the following:
(a) proceedings of specified classes;
(b) the institution of proceedings in, or the transfer of proceedings to, a court of summary jurisdiction in a specified part of a State or Territory;
(c) the institution of proceedings in, or the transfer of proceedings to, a court of summary jurisdiction constituted in a specified way.
12 Subsection 46(1)
Omit “$20,000”, substitute “the ceiling amount”.
13 After subsection 46(1)
Insert:
(1AA) For the purposes of subsection (1), the ceiling amount is:
(a) if the court of summary jurisdiction is the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia—the amount specified in the regulations; or
(b) otherwise—$20,000.
14 After subsection 46(2A)
Insert:
(2B) Subsection (2A) does not apply if the court is the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia.
15 Subsection 69J(4)
After “in relation to”, insert “one or more of the following”.
16 Paragraph 69J(4)(a)
Omit “or”.
17 At the end of subsection 69J(4)
Add:
; (c) the institution of proceedings in, or the transfer of proceedings to, a court of summary jurisdiction constituted in a specified way.
18 Paragraph 69N(1)(a)
After “summary jurisdiction”, insert “(other than the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia)”.
19 Paragraph 93A(1)(aa)
After “subsection 94AAA(1)”, insert “or (1A)”.
20 After subsection 94AAA(1)
Insert:
(1A) An appeal lies to the Family Court from:
(a) a decree of the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia exercising original jurisdiction under this Act; or
(b) a decree or decision of a Family Law Magistrate of Western Australia exercising in the Magistrates Court of Western Australia original jurisdiction under this Act rejecting an application that he or she disqualify himself or herself from further hearing a matter.
Note 1: The heading to section 94 is altered by adding at the end “ and the Magistrates Court of Western Australia ”.
Note 2: The heading to section 94AAA is altered by adding at the end “ and the Magistrates Court of Western Australia ”.
21 Subsection 94AAA(2)
Omit “Subsection (1) has”, substitute “Subsections (1) and (1A) have”.
22 Subsections 94AAA(3), (5), (6), (7), (8) and (10)
After “subsection (1)” (wherever occurring), insert “or (1A)”.
23 Subsection 94AA(1) (at the end of the table)
Add:
| 5 | a prescribed decree of the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia | the Family Court | (a) a single Judge of the Family Court (who need not be a member of the Appeal Division); or (b) a Full Court of the Family Court |
24 Subsection 94AA(2A)
After “subsection 94AAA(1)”, insert “or (1A)”.
25 At the end of section 94A
Add:
(5) If, in proceedings in the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia, being proceedings in which a decree or decision to which subsection 94AAA(1A) applies could be made, a question of law arises which:
(a) the Magistrate; and
(b) at least one of the parties;
wish to have determined by a Full Court of the Family Court before the proceedings are further dealt with:
(c) the Magistrate must state the facts and question in the form of a special case for the opinion of a Full Court of the Family Court; and
(d) a Full Court of the Family Court must hear and determine the question.
(6) The Full Court 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 Magistrate.
26 Before subsection 96(1)
Insert:
(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.
27 Application
(1) The amendments made by items 3, 5, 8, 10 to 18 and 25 apply to proceedings instituted before or after the commencement of this Part in the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia.
(2) The amendments made by items 1, 2, 4, 6, 7, 9, 19, 20 to 24 and 26 apply to proceedings instituted after the commencement of this Part in the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia.
28 Paragraph 75(2)(g)
Omit “or” (second occurring).
29 Subsection 104A(2)
Omit “or” (second occurring).
30 Subsection 104A(3)
Omit “or” (second occurring).
Minister’s second reading speech made in—
Senate on 7 December 2005
House of Representatives on 29 March 2006
| (200/05) |