Document ID: chunk:federal_register_of_legislation:C2006A00022:clause:1_3
Version: federal_register_of_legislation:C2006A00022
Segment Type: clause
Provision Reference: sch 1 cl 3
Character Range: 5126–5919

3  At the end of section 103
Add:

 (5) If, in proceedings in the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia, being proceedings in which a decree to which subsection 102A(1A) applies could be made, a question of law arises which:
 (a) the Magistrate; and
 (b) at least one of the parties;
wish to have determined by a Full Court of the Family Court before the proceedings are further dealt with:
 (c) the Magistrate must state the facts and question in the form of a special case for the opinion of a Full Court; and
 (d) a Full Court must hear and determine the question.

 (6) The Full Court may draw, from the facts and the documents, any inference, whether of fact or of law, that could have been drawn from them by the Magistrate.