Commonwealth Numbered Regulations

1984 No. 425 FAMILY LAW RULES - ORDER 32 RULE 1

1. (1) An appeal under section 94 of the Act shall be instituted by the filing
of a notice of appeal in accordance with Form 42.

(2) The appellant shall cause a copy of the notice of appeal to be served on
each of the other parties to the proceedings in accordance with Order 18,
paragraph 5 (1) (a) or (c).

(3) A Judge of the Family Court may direct that a sealed copy of the notice of
appeal be served on any other person.

(4) The notice of appeal shall state-

   (a)  whether the whole or any and what part of the decree is appealed from;

   (b)  briefly, but specifically, the grounds relied upon in support of the
        appeal; and

   (c)  what decree the appellant seeks in lieu of that appealed from.

(5) The original notice of appeal and a copy of the notice shall be filed in
the Principal Registry of the Family Court of Australia.

(6) The original notice of appeal and the copy may be filed by post, telegram
or telex.

(7) The notice of appeal shall be filed and, subject to sub-rule (8), a sealed
copy of it shall be served-

   (a)  within 1 month after the date when the decree appealed from was
        pronounced; or

   (b)  within such further time as a Judge of any court having jurisdiction
        under the Act shall direct.

(8) Where a notice of appeal is filed in a manner referred to in sub-rule (6)-

   (a)  the appellant shall forthwith cause notice in writing of the filing of
        the notice of appeal to be served on the respondent; and

   (b)  a sealed copy of the notice of appeal shall be served-

        (i)    within 42 days after the date on which the decree appealed from
               was pronounced; or

        (ii)   within such further time as a Judge of any court having
               jurisdiction under the Act shall direct.

(9) Unless a Judge of the Family Court or a Judge of the court appealed from
otherwise directs, an appeal does not operate as a stay of proceedings or
invalidate any intermediate act or proceeding.

(10) Where an appeal under section 94 of the Act has been instituted, the
Judge who made the decree appealed from or, if that Judge is not reasonably
available, another Judge of the court appealed from, may make an order staying
in whole or in part the execution or operation of the decree pending the
determination of the appeal, and where such an order has been made, a court
having jurisdiction under the Act shall not, pending the determination of the
appeal, enforce the decree appealed from or entertain proceedings for the
enforcement of the decree insofar as its execution or operation has been
stayed.

(11) Where an appeal under section 94 of the Act has been instituted, an order
as to security for costs may be made by the Judge who made the order appealed
from, or, if that Judge is not reasonably available, by another Judge of the
court appealed from.

(12) A party to an appeal under section 94 of the Act may institute a cross
appeal by filing in the Principal Registry within 21 days after service upon
the party of a copy of the notice instituting the appeal (or within such
further time as a Judge of a court having jurisdiction under the Act directs)
a notice of cross appeal and a copy of such notice.

(13) A party filing a notice of cross appeal in an appeal shall serve a sealed
copy of the notice upon each other party to the appeal in accordance with
Order 18, paragraph 5 (1) (a) or (c), as soon as practicable after the notice
has been filed.

(14) Sub-rules (3), (4) and (6) apply in relation to a notice of cross appeal
as if it were a notice of appeal.