Commonwealth Numbered Acts

FAMILY COURT OF AUSTRALIA (ADDITIONAL JURISDICTION AND EXERCISE OF POWERS) ACT 1988 No. 8 of 1988 - SECT 29

29. Section 96 of the Principal Act is amended:

   (a)  by inserting in paragraph (4) (a) ", subject to subsection (5)," after

"shall"; and

   (b)  by adding at the end the following subsections:

"(5) The court hearing an appeal under this section may, on the application of
a party or of its own motion, refer the appeal to a Full Court of the Family
Court.

"(6) Where an appeal is referred to a Full Court of the Family Court under
subsection (5), the Full Court may:

   (a)  proceed by way of a hearing de novo, but may receive as evidence any
        record of evidence given, including any affidavit filed or exhibit
        received in the court of summary jurisdiction;

   (b)  order that questions of fact arising in the proceedings be tried by a
        Judge;

   (c)  determine questions of law arising in the proceedings and remit the
        appeal to a Judge for hearing in accordance with directions given by
        it; and

   (d)  make such other decrees as it considers appropriate, including a
        decree affirming, reversing or varying the decree the subject of the
        appeal.".