FAMILY COURT ACT 1997 - SECT 210A
FAMILY COURT ACT 1997 - SECT 210A
210A . Non-federal jurisdictions — appeal from decree of Magistrates Court constituted by family law magistrate
(1) This section
applies only if the Magistrates Court is constituted by a family law
magistrate.
(2) In respect of the
non-federal jurisdictions of the Magistrates Court an appeal lies from a
decree of the court to the Court of Appeal, unless the decree is an
interlocutory order.
(3) Subsection (2) has
effect subject to section 210AA.
(4) The jurisdiction
of the Court of Appeal in relation to an appeal under this section may, if the
Chief Justice considers that it is appropriate, be exercised by a single
judge.
(5) Subsection (4) has
effect subject to subsections (9) and (11).
(6) An appeal under
this section is to be instituted within —
(a) the
time prescribed by the rules of the Supreme Court; or
(b) such
further time as is allowed in accordance with those rules.
(7) On an appeal under
this section, the Court of Appeal may affirm, reverse or vary the decree or
decision the subject of the appeal and may make such decree or decision as, in
the opinion of the court, ought to have been made in the first instance, or
may, if it considers appropriate, order a re-hearing on such terms and
conditions, if any, as it considers appropriate.
(8) If, in dismissing
an appeal under this section, the Court of Appeal is of the opinion that the
appeal does not raise any question of general principle, it may give reasons
for its decision in short form.
(9) A single judge or
the Court of Appeal may —
(a) join
or remove a party to an appeal under this section; or
(b) make
an order by consent disposing of an appeal under this section (including an
order for costs); or
(c) give
directions about the conduct of an appeal under this section, including
directions about —
(i)
the use of written submissions; and
(ii)
limiting the time for oral argument.
(10) The rules of the
Supreme Court may make provision enabling matters of the kind mentioned in
subsection (9) to be dealt with, subject to conditions prescribed by those
rules, without an oral hearing.
(11) Applications of a
procedural nature, including applications —
(a) for
an extension of time within which to institute an appeal under this section;
or
(b) for
leave to amend the grounds of an appeal under this section; or
(c) to
reinstate an appeal under this section that, because of the rules of the
Supreme Court, was taken to have been abandoned; or
(d) to
stay an order of the Court of Appeal made in connection with an appeal under
this section; or
(e) for
an extension of time within which to file an application for leave to appeal;
or
(f) for
security for costs in relation to an appeal; or
(g) to
reinstate an appeal dismissed under a provision of the rules of the Supreme
Court; or
(h) to
adjourn the hearing of an appeal; or
(i)
to vacate the hearing date of an appeal; or
(j) to
expedite the hearing of an appeal,
may be heard and
determined by a single judge or by the Court of Appeal.
(12) The rules of the
Supreme Court may make provision enabling applications of a kind mentioned in
subsection (11) to be dealt with, subject to conditions prescribed by those
rules, without an oral hearing.
(13) An appeal does
not lie to the Court of Appeal from a decision of a single judge exercising
jurisdiction under this section.
(14) The single judge
referred to in subsection (4), (9) or (11) need not be a member of the Court
of Appeal.
[Section 210A inserted: No. 35 of 2006 s. 38.]