Document ID: chunk:federal_register_of_legislation:C2021A00013:clause:5_28:p1
Version: federal_register_of_legislation:C2021A00013
Segment Type: clause
Provision Reference: sch 5 cl 28 (pt 1/3)
Character Range: 289152–291708

28  Matters before a Judge or Full Court of the Family Court of Australia

Matters to be substantively heard by the Federal Circuit and Family Court of Australia (Division 1)
(1) Subject to subitems (3) and (4), if:
 (a) before the commencement day, any of the following occur:
 (i) an application is made under section 94AA of the Family Law Act 1975 for leave to appeal under Part X of that Act;
 (ii) an appeal is instituted, as allowed by Part X of that Act;
 (iii) facts and a question of law are stated in the form of a special case for the opinion of a Full Court of the Family Court of Australia; and
 (b) on the day before the commencement day, either:
 (i) there has not been a substantive hearing of the application, appeal or special case by the Full Court of the Family Court of Australia; or
 (ii) in the case of an application referred to in subparagraph (a)(i) that could be determined by a single Judge of the Family Court of Australia, there has not been a substantive hearing of the application by a single Judge of the Court;
then, on or after the commencement day, the Federal Circuit and Family Court of Australia (Division 1) is to hear and determine the application, appeal or special case, as if the application were made to, the appeal instituted in, or the special case stated for, the Federal Circuit and Family Court of Australia (Division 1).
(2) To avoid doubt, the Federal Circuit and Family Court of Australia (Division 1) is to hear and determine the application, appeal or special case 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.

Federal Circuit and Family Court of Australia (Division 1) to deal with certain applications of a procedural nature first
(3) If, on the day before the commencement day, a Full Court of the Family Court of Australia has reserved judgment on an application of a procedural nature (as mentioned in subsection 94(2D) or 94AAA(10) of the Family Law Act 1975) in relation to an application or appeal mentioned in paragraph (1)(a), then, on or after the commencement day, a Full Court of the Federal Circuit and Family Court of Australia (Division 1) must deliver the judgment on the procedural application.
Note: For provisions relating to the constitution of a Full Court, see item 32.
(4) If, on the day before the commencement day, a single Judge of the Family Court of Australia has reserved judgment on an application of a procedural nature