Document ID: chunk:federal_register_of_legislation:F2024C00417:reg:5:p33
Version: federal_register_of_legislation:F2024C00417
Segment Type: reg
Provision Reference: reg 5 (pt 33/53)
Character Range: 436676–439286

relevant passage or passages.

Part 13.4—Appeals from Federal Circuit and Family Court (Division 2) or Family Law Magistrate of Western Australia heard by single Judge

13.24  Application of Part 13.4
  This Part applies to an appeal to the Federal Circuit and Family Court (Division 1) from an order of:
 (a) the Federal Circuit and Family Court (Division 2); or
 (b) a Family Law Magistrate of Western Australia;
if the jurisdiction of the court is to be exercised by a single Judge.
Note: An appeal from an order of the Federal Circuit and Family Court (Division 2) or a Family Law Magistrate of Western Australia is to be heard by a single Judge of the Federal Circuit and Family Court (Division 1) unless the Chief Justice decides that the appeal is to be heard by a Full Court (see subsection 32(1) of the Federal Circuit and Family Court Act). There is no right to appeal against this decision.
 Part 13.3 of these Rules applies in relation to appeals that are to be heard by a Full Court and this Part of these Rules applies in relation to appeals that are to be heard by a single Judge. The Appeal Judicial Registrar will give the parties to the appeal written notice of which Part of these Rules applies to the appeal.

13.25  Procedural hearing
 (1) The single Judge who is to hear the appeal may direct that the appeal be listed before that Judge, or another Judge or Appeal Judicial Registrar, for a procedural hearing.
 (2) The Judge or Appeal Judicial Registrar may make procedural orders in chambers, in the absence of the parties, on the documents filed.

13.26  Attendance at procedural hearing
 (1) The appellant or the appellant's lawyer must attend the first procedural hearing for the appellant's appeal.
 (2) Any of the following persons may also attend the first procedural hearing:
 (a) a respondent in the appeal;
 (b) a lawyer for a respondent in the appeal;
 (c) an independent children's lawyer in the appeal.

13.27  Procedural orders for conduct of appeal
 (1) The procedural orders made by a Judge or Appeal Judicial Registrar in chambers under subrule 13.25(2) or at a procedural hearing may include orders about the following:
 (a) whether an appeal book is required for the hearing of the appeal and, if so, whether rules 13.19, 13.20 and 13.21 are to apply with or without any variation;
 (b) if an appeal book is not required—the arrangements for ensuring that the documents referred to in rule 13.28 are before the court at the hearing of the appeal;
 (c) a timetable for the party responsible to file and serve:
 (i) the reasons for judgment of the Judge of the Federal