Queensland Consolidated Acts

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ADOPTION OF CHILDREN ACT 1964 - SECT 26A

26A Provisions concerning court's jurisdiction--appeals

(1) When a proceeding for the purposes of section 25 or 26 has been commenced in the Childrens Court, any party to the proceeding or any person likely to be affected by any order made in the proceeding may make application to the Supreme Court for an order that the proceeding be removed into the Supreme Court and, if the order is made, the proceeding shall be thereupon removed from the jurisdiction of the Childrens Court accordingly.

(1A) Upon such an application the Supreme Court may make or refuse to make the order sought and may make such order as to costs as it thinks fit.

(2) If the magistrate constituting the Childrens Court to which an application is made pursuant to section 25 or 26 considers that the application should more properly or could more conveniently be determined by the Supreme Court, the magistrate shall refrain from dealing with the application.

(2A) An appeal shall not lie from such a decision.

(3) Any person who feels aggrieved by an order of the Childrens Court made under section 25 or 26 or a refusal by the Childrens Court to make an order under section 25 or 26 (otherwise than pursuant to subsection (2)) may, notwithstanding the provisions of the District Court of Queensland Act 1967, appeal to a judge of the Supreme Court.

(4) Every such appeal shall be by way of rehearing.

(5) In respect of every such appeal and every order made therein the provisions of the Justices Act 1886, part 9, division 1, other than the provisions of section 222(1), (1A) and (3), apply with all necessary adaptations.



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