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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.]