related Federal Magistrates Rules has the same meaning as in the
Family Law Act 1975.
4 Subsection 4(1) (definition of Rules of Court )
Repeal the definition.
5
Subsection 4(1)
Insert: standard Rules of Court has the same meaning as in
the Family Law Act 1975 .
6 Subsection 104(1)
After "the Family Court", insert "and the Federal
Magistrates Court".
7 Subsection 105(1)
Omit "and the regulations and Rules
of Court made under that Act", substitute ", the standard Rules of Court and
the related Federal Magistrates Rules".
8 Subsection 105(1)
Omit "Rules of
Court" (second occurring), substitute "applicable Rules of Court".
9 Section
106
After "107" (wherever occurring), insert ", 107A".
10 Subsection 107(2)
Omit "Rules of Court" (wherever occurring), substitute "standard Rules of
Court".
11 After section 107
Insert: 107A Appeals to Family Court from the
Federal Magistrates Court
- (1)
- An appeal lies, with the leave of the Family
Court, to the Family Court from:
- (a)
- a decree of the Federal Magistrates Court exercising original jurisdiction
under this Act; or
- (b)
- a decree or decision of a Federal Magistrate exercising original
jurisdiction under this Act rejecting an application that he or she disqualify
himself or herself from further hearing a matter.
- (2)
- The jurisdiction of the Family Court in relation to an appeal under
subsection (1) is to be exercised by a Full Court unless the Chief Judge of
the Family Court considers that it is appropriate for the jurisdiction of the
Family Court in relation to the appeal to be exercised by a single Judge.
- (3)
- Subsection (2) has effect subject to subsections (7) and (9).
- (4)
- An application for leave to appeal under subsection (1) is to be made
within:
- (a)
- the time prescribed by the standard Rules of Court; or
- (b)
- such further time as is allowed under the standard Rules of Court.
- (5)
- On an appeal under subsection (1), the Family Court may affirm, reverse or
vary the decree or decision the subject of the appeal and may make such decree
or decision as, in the opinion of the court, ought to have been made in the
first instance, or may, if it considers appropriate, order a re-hearing, on
such terms and conditions (if any) as it considers appropriate.
- (6)
- If, in dismissing an appeal under subsection (1), the Family Court is of
the opinion that the appeal does not raise any question of general principle,
it may, in accordance with the standard Rules of Court, give reasons for its
decision in short form.
- (7)
- A single Judge or a Full Court may:
- (a)
- join or remove a party to an appeal under subsection (1); or
- (b)
- make an order by consent disposing of an appeal under subsection (1)
(including an order for costs); or
- (c)
- give directions about the conduct of an appeal under subsection (1),
including directions about:
- (i)
- the use of written submissions; and
- (ii)
- limiting the time for oral argument.
- (8)
- The standard Rules of Court may make provision enabling matters of the
kind mentioned in subsection (7) to be dealt with, subject to conditions
prescribed by the standard Rules of Court, without an oral hearing.
- (9)
- Applications:
- (a)
- for leave to appeal under subsection (1); or
- (b)
- for an extension of time within which to make an application for leave to
appeal under subsection (1); or
- (c)
- for leave to amend the grounds of an appeal under subsection (1); or
- (d)
- to reinstate an appeal under subsection (1) that, because of the standard
Rules of Court, was taken to have been abandoned; or
- (e)
- to stay an order of the Family Court made in connection with an appeal
under subsection (1);
may be heard and determined by a single Judge or by a Full Court.
- (10)
- The standard Rules of Court may make provision enabling applications of a
kind mentioned in subsection (9) to be dealt with, subject to conditions
prescribed by the standard Rules of Court, without an oral hearing.
- (11)
- An appeal does not lie to a Full Court from a decision of a single Judge
exercising jurisdiction under this section.
- (12)
- The single Judge referred to in subsection (2), (7) or (9) need not be a
member of the Appeal Division of the Family Court.
- Note: The heading to section 107 is altered by omitting " under Act " and
substituting " from courts other than the Federal Magistrates Court ".
12 At the end of section 108
Add:
- (3)
- If, in proceedings in the Federal
Magistrates Court, being proceedings in which a decree to which subsection
107A(1) applies could be made, a question of law arises which:
- (a)
- the Federal Magistrate; and
- (b)
- at least one of the parties;
wish to have determined by a Full Court of the Family Court before the
proceedings are further dealt with:
- (c)
- the Federal Magistrate must state the facts and question in the form of a
special case for the opinion of a Full Court; and
- (d)
- a Full Court must hear and determine the question.
- (4)
- The Full Court may draw, from the facts and the documents, any inference,
whether of fact or of law, that could have been drawn from them by the Federal
Magistrate.
13 Subsection 110(3)
Omit "Rules of Court" (wherever occurring), substitute
"standard Rules of Court".
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Commonwealth Numbered Acts