Document ID: chunk:federal_register_of_legislation:C2020A00112:clause:2_35b:p2
Version: federal_register_of_legislation:C2020A00112
Segment Type: clause
Provision Reference: sch 2 cl 35B (pt 2/3)
Character Range: 91487–94126

it has in that Act.
 (6) Appeals lie to the Court of Appeal established under the Supreme Court Act 1935 (WA) from a judgment of the Family Court of Western Australia exercising jurisdiction under subsection (4) of this section, and do not otherwise lie.
 (7) The Court of Appeal established under the Supreme Court Act 1935 (WA) is invested with federal jurisdiction with respect to matters in respect of which appeals are instituted under subsection (6) of this section.

Transfer of proceedings
 (8) If a proceeding is pending in the Federal Court, the Federal Court may, on the application of a party to the proceeding or of its own motion, transfer the proceeding to the Family Court of Western Australia.
 (9) If a proceeding is pending in the Federal Circuit Court, the Federal Circuit Court may, on the application of a party to the proceeding or on its own initiative, transfer the proceeding to the Family Court of Western Australia.
 (10) Subject to subsection (11), where a proceeding is transferred to the Family Court of Western Australia:
 (a) the Family Court of Western Australia has jurisdiction to hear and determine the proceeding; and
 (b) the Family Court of Western Australia also has jurisdiction to hear and determine matters not otherwise within its jurisdiction (whether by virtue of paragraph (a) or otherwise):
 (i) that are associated with matters arising in the proceeding; or
 (ii) that, apart from subsection 32(1) of the Federal Court of Australia Act 1976, the Federal Court would have had jurisdiction to hear and determine in the proceeding; and
 (c) the Family Court of Western Australia may, in and in relation to the proceeding:
 (i) grant such remedies; and
 (ii) make orders of such kinds; and
 (iii) issue, and direct the issue of, writs of such kinds;
  as the Federal Court could have granted, made, issued or directed the issue of, as the case may be, in and in relation to the proceeding; and
 (d) remedies, orders and writs granted, made or issued by the Family Court of Western Australia in and in relation to the proceeding have effect, and may be enforced by the Family Court of Western Australia, as if they had been granted, made or issued by the Federal Court; and
 (e) appeals lie from judgments of the Family Court of Western Australia given in and in relation to the proceeding as if the judgments were judgments of the Federal Court constituted by a single Judge, and do not otherwise lie; and
 (f) subject to paragraphs (a) to (e) (inclusive), this Act, the Federal Court of Australia Act 1976, and other laws of the Commonwealth, apply in and in relation to the proceeding as if: