Document ID: chunk:federal_register_of_legislation:C2021C00511:clause:4_6:p1
Version: federal_register_of_legislation:C2021C00511
Segment Type: clause
Provision Reference: sch 4 cl 6 (pt 1/2)
Character Range: 44835–47517

6  Proceedings pending under the Family Court Act 1997 (WA) before the recognition time

Application
(1) This item applies to proceedings in a court (the WA court) that:
 (a) were pending under the Family Court Act 1997 (WA) (the WA Act) immediately before the recognition time; and
 (b) related to a de facto relationship that:
 (i) existed before or when the proceedings were instituted; and
 (ii) was between 2 persons who were parties to a single pre‑commencement same‑sex marriage solemnised before the proceedings were instituted.

Continuation of proceedings under the Family Law Act 1975
(2) The proceedings continue under the Family Law Act 1975 (the Commonwealth Act) at and after the recognition time:
 (a) as if they related to a marriage that had been solemnised when the pre‑commencement same‑sex marriage was solemnised; and
 (b) if the proceedings were Part 5A proceedings (within the meaning of the WA Act)—as if anything done before the recognition time for the purposes of a provision of Part 5A of the WA Act (except Division 3 of that Part) had been done for the purposes of the corresponding provision of Part VIII of the Commonwealth Act.
Note 1: Part VIII of the Commonwealth Act is about property, spousal maintenance and maintenance agreements relating to a marriage. Part 5A of the WA Act is about financial matters relating to de facto relationships. Division 3 of that Part is about financial agreements.
Note 2: Item 8 of this Schedule deals with financial agreements made under Division 3 of Part 5A of the WA Act.
(3) The WA court is invested with jurisdiction to hear and determine the proceedings as continued under subitem (2).
(4) Any decision validly made by a court before the recognition time about the admissibility of particular evidence in the proceedings continues to have effect for the purposes of the proceedings after that time.
(5) In performing duties or exercising powers in relation to the proceedings under the Commonwealth Act, a court may ask questions of, and seek evidence or the production of documents or other things from, parties, witnesses and experts on matters relevant to the proceedings.

Appeal proceedings in Court of Appeal
(6) If the proceedings were an appeal instituted in, or made to, the Court of Appeal under Part 7 of the WA Act, that Court may, on the application of a party or of its own motion, refer the appeal to a Full Court of the Family Court of Australia.
(6A) To avoid doubt, on and after the day Schedule 1 to the Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Act 2021 commences, an appeal mentioned in subitem (6) may not be referred to the