Document ID: chunk:federal_register_of_legislation:C2021A00013:clause:5_29
Version: federal_register_of_legislation:C2021A00013
Segment Type: clause
Provision Reference: sch 5 cl 29
Character Range: 294351–296615

29  Appeals from courts of summary jurisdiction

Appeals before a single Judge of the Family Court of Australia
(1) If:
 (a) before the commencement day, an appeal is instituted, as allowed by section 96 of the Family Law Act 1975; and
 (b) on the day before the commencement day, both:
 (i) there has not been a substantive hearing of the appeal by a single Judge of the Family Court of Australia; and
 (ii) the appeal has not been referred to the Full Court of the Family Court of Australia under subsection 96(5) of that Act;
then, on or after the commencement day, a single Judge of the Federal Circuit and Family Court of Australia (Division 1) is to hear and determine the appeal.
(2) To avoid doubt, the Judge of the Federal Circuit and Family Court of Australia (Division 1) is to hear and determine the appeal or application according to:
 (a) the Federal Circuit and Family Court of Australia Act 2021; and
 (b) the Family Law Act 1975, as amended by this Act; and
 (c) any other law of the Commonwealth, as relevant.

Appeals before a Full Court of the Family Court of Australia
(3) If:
 (a) before the commencement day:
 (i) an appeal is instituted, as allowed by section 96 of the Family Law Act 1975; and
 (ii) the appeal has been referred to, or an application has been made for referral to, a Full Court of the Family Court of Australia under subsection 96(5) of that Act; and
 (b) on the day before the commencement day, there has not been a substantive hearing of the appeal or application by a Full Court of the Family Court of Australia;
then, despite the referral or application for referral to a Full Court of the Family Court of Australia, on or after the commencement day, a Full Court of the Federal Circuit and Family Court of Australia (Division 1) is to hear and determine the appeal or application.
(4) To avoid doubt, the Full Court of the Federal Circuit and Family Court of Australia (Division 1) is to hear and determine the appeal or application according to:
 (a) the Federal Circuit and Family Court of Australia Act 2021; and
 (b) the Family Law Act 1975, as amended by this Act; and
 (c) any other law of the Commonwealth, as relevant.

Division 3—Matters substantively heard, in whole or in part, before the commencement day