Document ID: chunk:federal_register_of_legislation:C2004A02420:body:0:p21
Version: federal_register_of_legislation:C2004A02420
Segment Type: other
Provision Reference: 
Character Range: 48757–51429

had been taken in that court as had been taken in the court from which the action or proceeding was transferred.

Appeals
"40i. (1) Subject to sub-section (2), an appeal lies to the Federal Court of Australia from a judgment or order of a prescribed court exercising jurisdiction under this Act or a judgment or order of any other court in an action or proceeding referred to in section 31.
"(2) Where the judgment or order of a prescribed court appealed from was pronounced or made in the exercise of its jurisdiction to hear and determine appeals from decisions of the Registrar, an appeal to the Federal Court of Australia does not lie without leave of that Court.
"(3) An appeal lies to the High Court, with special leave of the High Court, from a judgment or order referred to in sub- section (1).
"(4) Except as provided in the foregoing provisions of this section, no appeal lies from a judgment or order referred to in sub-section (1).

Powers of prescribed courts
"40j. Upon the hearing of an appeal from a decision of the Registrar, the prescribed court may—
      (a) admit further evidence, either orally or upon affidavit or otherwise;
      (b) permit the examination and cross-examination of witnesses, including witnesses who gave evidence orally or upon affidavit or otherwise at the hearing before the Registrar;
      (c) order an issue of fact to be tried in such manner as it directs;
      (d) affirm, reverse or modify the decision appealed from;
      (e) give such judgment, or make such order, as in all the circumstances it thinks fit, or refuse to make an order; and
      (f) order a party to pay costs to another party.

"PART VIc—APPLICATIONS FOR REVIEW OF CERTAIN DECISIONS BY ADMINISTRATIVE APPEALS TRIBUNAL

Applications for review
"40k. Applications may be made to the Administrative Appeals Tribunal for review of—
      (a) a direction by the Registrar given under section 25b or a refusal of the Registrar under that section to give a direction;
      (b) a decision of the Registrar under sub-section 27b (2) dismissing an application for the restoration of the registration of a design; or
      (c) a decision of the Registrar under section 27c".

Governor-General may make regulations
25. Section 41 of the Principal Act is amended by omitting "the fees to be paid under this Act and".

26. Section 42 of the Principal Act is repealed and the following sections are substituted:

Fees
"42. (1) There are payable to the Registrar such fees as are prescribed in respect of the doing of an act by the Registrar, or the lodging of a document, under this Act.
"(2) Where, in accordance with the regulations, a fee is payable in respect