Document ID: chunk:federal_register_of_legislation:C2021A00013:clause:5_26
Version: federal_register_of_legislation:C2021A00013
Segment Type: clause
Provision Reference: sch 5 cl 26
Character Range: 287119–288288

26  Appeals to Federal Circuit and Family Court of Australia (Division 1)
(1) If:
 (a) on the day before the commencement day, either:
 (i) an appeal could be instituted under Part X of the Family Law Act 1975; or
 (ii) an application for leave to appeal could be made under section 94AA of that Act; and
 (b) despite the amendments to the Family Law Act 1975 made by this Act, on the commencement day the time for instituting the appeal or making the application has not ended;
then, on or after the commencement day, the appeal or application may be made to the Federal Circuit and Family Court of Australia (Division 1).
(2) For the purposes of subitem (1), an appeal or application for leave to appeal must be made in accordance with the Rules of Court made under Chapter 3 of the Federal Circuit and Family Court of Australia Act 2021.
(3) To avoid doubt, 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.