Document ID: chunk:federal_register_of_legislation:C2004A00583:clause:9_107a:p1
Version: federal_register_of_legislation:C2004A00583
Segment Type: clause
Provision Reference: sch 9 cl 107A (pt 1/2)
Character Range: 31541–34146

107A  Appeals to Family Court from the Federal Magistrates Court

 (1) An appeal lies, with the leave of the Family Court, to the Family Court from:
 (a) a decree of the Federal Magistrates Court exercising original jurisdiction under this Act; or
 (b) a decree or decision of a Federal Magistrate exercising original jurisdiction under this Act rejecting an application that he or she disqualify himself or herself from further hearing a matter.

 (2) The jurisdiction of the Family Court in relation to an appeal under subsection (1) is to be exercised by a Full Court unless the Chief Judge of the Family Court considers that it is appropriate for the jurisdiction of the Family Court in relation to the appeal to be exercised by a single Judge.

 (3) Subsection (2) has effect subject to subsections (7) and (9).

 (4) An application for leave to appeal under subsection (1) is to be made within:
 (a) the time prescribed by the standard Rules of Court; or
 (b) such further time as is allowed under the standard Rules of Court.

 (5) On an appeal under subsection (1), the Family Court may affirm, reverse or vary the decree or decision the subject of the appeal and may make such decree or decision as, in the opinion of the court, ought to have been made in the first instance, or may, if it considers appropriate, order a re‑hearing, on such terms and conditions (if any) as it considers appropriate.

 (6) If, in dismissing an appeal under subsection (1), the Family Court is of the opinion that the appeal does not raise any question of general principle, it may, in accordance with the standard Rules of Court, give reasons for its decision in short form.

 (7) A single Judge or a Full Court may:
 (a) join or remove a party to an appeal under subsection (1); or
 (b) make an order by consent disposing of an appeal under subsection (1) (including an order for costs); or
 (c) give directions about the conduct of an appeal under subsection (1), including directions about:
 (i) the use of written submissions; and
 (ii) limiting the time for oral argument.

 (8) The standard Rules of Court may make provision enabling matters of the kind mentioned in subsection (7) to be dealt with, subject to conditions prescribed by the standard Rules of Court, without an oral hearing.

 (9) Applications:
 (a) for leave to appeal under subsection (1); or
 (b) for an extension of time within which to make an application for leave to appeal under subsection (1); or
 (c) for leave to amend the grounds of an appeal under subsection (1); or
 (d) to reinstate an appeal under subsection (1) that, because