Document ID: chunk:federal_register_of_legislation:C2021A00013:clause:5_31
Version: federal_register_of_legislation:C2021A00013
Segment Type: clause
Provision Reference: sch 5 cl 31
Character Range: 299616–301332

31  Matters before a Judge of the Family Court of Australia

Judgment to be delivered by Judge of the Federal Circuit and Family Court of Australia (Division 1)
(1) If:
 (a) before the commencement day, a single Judge of the Family Court of Australia has heard, in whole or in part, either of the following:
 (i) an application made under section 94AA of the Family Law Act 1975 for leave to appeal under Part X of that Act;
 (ii) an appeal allowed by Part X of that Act; and
 (b) on the day before the commencement day, either:
 (i) a substantive hearing of the application or appeal has not concluded; or
 (ii) a substantive hearing of the application or appeal has concluded, but judgment has not been delivered in relation to the application or appeal;
then, on or after the commencement day, despite the amendments to the Family Law Act 1975 made by this Act, the Judge, as a Judge of the Federal Circuit and Family Court of Australia (Division 1), must deliver the judgment in relation to the application or appeal.
Note: For provisions relating to the unavailability of a Judge, see item 33.

Reasons for decision may be given in short form in certain cases
(2) Except in the case of an appeal under section 96 of the Family Law Act 1975, if, in dismissing an appeal, a single Judge of the Federal Circuit and Family Court of Australia (Division 1) is of the opinion that the appeal does not raise any question of general principle, the Judge may give reasons for the Judge's decision in short form.

Appellate jurisdiction
(3) To avoid doubt, a single Judge of the Federal Circuit and Family Court of Australia (Division 1) has appellate jurisdiction for the purposes of this item.

Division 4—Miscellaneous