Document ID: chunk:federal_register_of_legislation:C2021C00511:clause:4_6:p2
Version: federal_register_of_legislation:C2021C00511
Segment Type: clause
Provision Reference: sch 4 cl 6 (pt 2/2)
Character Range: 47275–48758

(6A) To avoid doubt, on and after the day Schedule 1 to the Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Act 2021 commences, an appeal mentioned in subitem (6) may not be referred to the Full Court of the Federal Circuit and Family Court of Australia (Division 1).
(7) If an appeal is referred to a Full Court of the Family Court of Australia under subitem (6):
 (a) jurisdiction is conferred on the Court to hear and determine the appeal; and
 (b) the following provisions of the Commonwealth Act, and the standard Rules of Court made for the purposes of those provisions, apply in relation to the appeal as if it were an appeal referred to in subsection 94(1) of that Act:
 (i) subsection 93A(2);
 (ii) section 94, except subsections 94(1), (1AA), (1A) and (3);
 (iii) section 94AAB;
 (iv) section 96AA; and
 (c) the Full Court may proceed by way of a hearing de novo, but may receive as evidence any record of evidence given, including any affidavit filed or exhibit received in the Court of Appeal or the court from which the appeal lay.
(8) However, subsection 94(2) of the Commonwealth Act applying because of subitem (7) does not permit the Full Court to order a re‑hearing by the Court of Appeal.

This item does not apply to proceedings about guardians
(9) Despite subitem (1), this item does not apply to so much of the proceedings as relate to the appointment or removal under section 71 of the WA Act of a guardian.