Commonwealth Numbered Acts

FAMILY LAW AMENDMENT ACT 1979 No. 23 of 1979 - SECT 18

18. (1) Section 96 of the Principal Act is amended-

   (a)  by omitting sub-section (1) and substituting the following
        sub-sections:

''(1) An appeal lies from a decree of a court of summary jurisdiction of a
State or Territory exercising jurisdiction under this Act to the Family Court
or to the Supreme Court of that State or Territory.

''(1A) An appeal under sub-section (1) shall be instituted within the time
prescribed by the regulations or within such further time as is allowed in
accordance with the regulations.''; and

   (b)  by omitting sub-sections (4) and (5) and substituting the following
        sub-section:

''(4) The court hearing an appeal under this section-

   (a)  shall 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; and

   (b)  may make such decrees as it thinks fit, including a decree affirming,
        reversing or varying the decree the subject of the appeal.''.

(2) The amendment made by paragraph (1) (b) does not apply in relation to an
appeal the hearing of which commenced before the date of commencement of this
section.