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FAMILY LAW AMENDMENT RULES 2006 (NO. 1) (SLI NO 177 OF 2006) - SCHEDULE 3

Amendments commencing on commencement of Part 1 of Schedule 1 to the Jurisdiction of Courts (Family Law) Act 2006

(rule 3)

[1]           After paragraph 22.01 (1) (b)

insert

              (ba)    an appeal to the Family Court from an order of the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia (whether heard by the Full Court or a single Judge);

[2]           Part 22.2, note after the heading, paragraph (a)

omit

        of a Family Court or the Federal Magistrates Court

insert

        of a Family Court, the Federal Magistrates Court or the Magistrate's Court of Western Australia constituted by a Family Law Magistrate of Western Australia

[3]           Paragraph 22.02 (a)

omit

for an appeal from a court of summary jurisdiction --

insert

for an appeal from a court of summary jurisdiction other than the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia --

[4]           Rule 22.10

substitute

22.10       Documents filed in a current appeal

                If an appeal has been started, a document filed in the appeal must be filed as follows:

                (a)    for an appeal to the Full Court or from the Federal Magistrates Court or the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia -- in the Regional Appeal Registry;

               (b)    for an appeal from a court of summary jurisdiction other than the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia -- in the Appeal Registry.

[5]           Paragraph 22.13 (b)

omit

Federal Magistrates Court,

insert

Federal Magistrates Court or the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia,

[6]           Rule 22.13, note

omit

           Federal Magistrates Court,

insert

Federal Magistrates Court or the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia,

[7]           Part 22.4, heading

substitute

Part 22.4             Appeal from Federal Magistrates Court or Magistrates Court of Western Australia heard by single Judge

[8]           Rule 22.27

after

Federal Magistrates Court

insert

or the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia

[9]           Rule 22.27, note

omit

           Federal Magistrates Court,

insert

Federal Magistrates Court or the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia,

[10]         Subparagraphs 22.32 (3) (b) (iii), (v), (vii) and (viii)

omit

Federal

[11]         Rule 22.33

omit

Federal Magistrate's Court

insert

court appealed from

[12]         Part 22.5, heading

substitute

Part 22.5             Appeal from court of summary jurisdiction other than Magistrates Court of Western Australia constituted by Family Law Magistrate of Western Australia

[13]         Rule 22.35

omit

court of summary jurisdiction.

insert

court of summary jurisdiction other than the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia.

[14]         Division 22.7.2, note after the heading, paragraph (a)

omit

a Family Court or the Federal Magistrates Court

insert

a Family Court, the Federal Magistrates Court or the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia

[15]         Division 22.7.2, note after the heading, paragraph (b)

omit

the Federal Magistrates Court or a court of summary jurisdiction

insert

the Federal Magistrates Court, the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia or a court of summary jurisdiction

[16]         Dictionary, definition of appeal, paragraph (a)

omit

a Family Court or the Federal Magistrates Court:

insert

a Family Court, the Federal Magistrates Court or the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia:




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