FAMILY COURT ACT 1997 - SECT 210AB
FAMILY COURT ACT 1997 - SECT 210AB
210AB . Case stated
(1) If, in proceedings
in the Magistrates Court, being proceedings in which a decree to which
section 210A applies could be made, a question of law arises which —
(a) the
family court magistrate; and
(b) at
least one of the parties,
wish to have
determined by the Court of Appeal before the proceedings are further dealt
with —
(c) the
family law magistrate must state the facts and question in the form of a
special case for the opinion of the Court of Appeal; and
(d) the
Court of Appeal must hear and determine the question.
(2) The Court of
Appeal 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 family law
magistrate.
[Section 210AB inserted: No. 35 of 2006 s. 38.]