Document ID: chunk:federal_register_of_legislation:F2024C00417:reg:5:p25
Version: federal_register_of_legislation:F2024C00417
Segment Type: reg
Provision Reference: reg 5 (pt 25/53)
Character Range: 417985–420520

order of a court of summary jurisdiction.
 (2) This Chapter does not apply to:
 (a) an appeal to the Federal Circuit and Family Court (Division 2):
 (i) under the Assessment Act or Registration Act; or
 (ii) under section 44AAA of the Administrative Appeals Tribunal Act 1975; or
 (b) an application to a Judge for a review of an order of a Judicial Registrar who is not an Appeal Judicial Registrar (see Chapter 14).

Part 13.2—Starting an appeal

13.02  Starting an appeal
 (1) A person may start an appeal by filing a Notice of Appeal:
 (a) for an appeal from a court of summary jurisdiction other than a Family Law Magistrate of Western Australia—in the registry of a Family Court that is closest to the court of summary jurisdiction that made the order appealed from; or
 (b) in any other case—in the National Appeal Registry.
Note 1: Leave of the court is needed to appeal from:
(a) an interlocutory order, other than an interlocutory order relating to a child welfare matter, of the Federal Circuit and Family Court or a Family Law Magistrate of Western Australia (see section 28 of the Federal Circuit and Family Court Act and the Federal Court and Federal Circuit and Family Court Regulations 2012); or
(b) an order, made by a court, referred to in section 28 of the Federal Circuit and Family Court Act, section 101 of the Assessment Act or section 106 of the Registration Act.
Note 2: The Notice of Appeal must be accompanied by the applicable filing fee or an application for a fee exemption or deferral.
 (2) If an appeal cannot be started without the leave of the court, leave must be sought in the Notice of Appeal.
Note: At the hearing of the appeal, only the grounds stated in the Notice of Appeal (or Notice of Appeal as amended) may be argued except with the court's permission. A Notice of Appeal may be amended only in accordance with rule 13.10.

13.03  Time for appeal
 (1) A Notice of Appeal, including a Notice of Appeal in which leave to appeal is sought, must be filed within 28 days after the date the order appealed from was made.
 (2) Despite subrule (1), a Notice of Appeal in respect of an appeal from a judgment or decision referred to in paragraph 26(1)(h) of the Federal Circuit and Family Court Act must be filed:
 (a) if the judgment or decision appealed from was made at an interlocutory stage of a proceeding—within 28 days after the judgment or decision was made; or
 (b) if the judgment or decision appealed from was made at trial—within 28 days after the final orders were made.
Note 1: Rule