In an appeal, the Federal Circuit and Family Court of Australia (Division 1):
(a) must have regard to the evidence given in the proceedings out of which the appeal arose; and
(b) has the power to draw inferences of fact and, in its discretion, to receive further evidence, which evidence may be given:
(i) as provided for in Division 2 of Part XI of the Family Law Act 1975 ; or
(ii) by oral examination before the Court or a Judge; or
(iii) otherwise in accordance with section 73 of this Act.