Western Australian Consolidated Acts Western Australian Consolidated Acts (1) A person aggrieved
by the decision of a court relating to a restraining order under this Part may
appeal against that decision in accordance with this section.
(2) If the decision
was made by the Magistrates Court, the appeal is to be made in accordance with
Part 7 of the Magistrates Court (Civil Proceedings) Act 2004 .
(3) If the decision
was made by the Children’s Court when constituted so as not to consist
of or include a Judge, the appeal is to be made to the Supreme Court in
accordance with section 41 of the Children’s Court of Western
Australia Act 1988 as if the decision were a decision within the meaning
of section 41(2) of that Act.
(4) If the decision
was made by the Children’s Court when constituted so as to consist of or
include a Judge, the appeal is to be made to the Court of Appeal in accordance
with section 43 (other than subsections (2) and (3)) of the
Children’s Court of Western Australia Act 1988 as if the decision
were a decision within the meaning of section 43(3b) of that Act.
(5) If the decision
was made by the District Court, the appeal is to be made to the Court of
Appeal in accordance with section 79(1)(a) of the District Court of
Western Australia Act 1969 .
(6) If the decision
was made by a Judge of the Supreme Court, the appeal is to be made to the
Court of Appeal in accordance with section 58 of the Supreme Court
Act 1935 .
[Section 47 amended by No. 45 of 2004
s. 37; No. 59 of 2004 s. 141.]