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FAMILY VIOLENCE PROTECTION ACT 2008 - SECT 116 Notice of appeal

FAMILY VIOLENCE PROTECTION ACT 2008 - SECT 116

Notice of appeal

    (1)     A person makes an appeal under this Subdivision by filing notice of the appeal with the court that made the relevant decision.

    (2)     The notice must—

        (a)     include the prescribed particulars; and

        (b)     be signed by the appellant; and

        (c)     be filed within 30 days after the day the relevant decision was made.

    (3)     The appropriate registrar for the court must serve notice of the appeal on—

        (a)     the other parties to the proceeding in which the relevant decision was made; and

        (b)     if the appeal relates to a family violence intervention order for a protected person who is a child and the application for the order was made with the consent of a parent, that parent; and

        (c)     if the appeal relates to a family violence intervention order for a protected person who is a child and the order was made without the child's consent, a parent of the child (other than the respondent) with whom the child normally or regularly resides; and

        (d)     if the appeal relates to a family violence intervention order for a protected person who has a guardian, the guardian.

S. 116(4) amended by No. 52/2013 s. 64(a).

    (4)     The appropriate registrar for the court must also cause the notice of appeal to be transmitted—

S. 116(4)(a) amended by No. 52/2013 s. 64(b).

        (a)     to the County Court if the appeal is to that Court; and

S. 116(4)(b) amended by No. 52/2013 s. 64(b).

        (b)     to the Supreme Court if the appeal is to that Court.