Document ID: chunk:federal_register_of_legislation:F2024C00417:reg:5:p29
Version: federal_register_of_legislation:F2024C00417
Segment Type: reg
Provision Reference: reg 5 (pt 29/53)
Character Range: 427154–429781

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.
 This Part of these Rules applies in relation to appeals that are to be heard by a Full Court and Part 13.4 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.

13.16  Procedural hearing
  As soon as reasonably practicable after the filing of a draft index to the appeal book, the Appeal Judicial Registrar must:
 (a) fix a date for a procedural hearing for the appeal before an Appeal Judicial Registrar or other Judicial Registrar or, if the Appeal Judicial Registrar considers it appropriate, a Judge of the Federal Circuit and Family Court (Division 1); and
 (b) give the parties to the appeal written notice of the date fixed for the procedural hearing.
Note: An application or appeal will usually be listed before an Appeal Judicial Registrar but may be listed before a Judge of the Federal Circuit and Family Court (Division 1).

13.17  Attendance at first 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.

13.18  Orders to be made at procedural hearing
 (1) An Appeal Judicial Registrar or other Judicial Registrar conducting a procedural hearing may, if the Registrar considers it appropriate, adjourn the hearing to a Judge at any time.
 (2) Orders about the following matters may be made at a procedural hearing:
 (a) the documents that are to be included in the appeal book;
 (b) the part or parts of a transcript of the hearing relevant to the appeal;
 (c) the preparation of the appeal book and the format in which it is prepared;
 (d) the date by which the appeal book must be filed and served;
 (e) the dates by which the transcript, summaries of argument, lists of authorities, and costs schedules must be filed and served;
 (f) the conduct of the appeal (including the likely duration of the appeal);
 (g) any other matter that the Registrar or Judge considers necessary.

13.19  Preparation of