Commonwealth Numbered Regulations

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FAMILY LAW RULES 20042003 No. 375 - RULE 22.13

Application of Part 22.3

This Part applies to the following appeals:
(a) an appeal to the Full Court:

(i)
from an order of a Judge or Judges of a Family Court exercising the original jurisdiction of the court; or
(ii)
under subsection 94 (1AA) of the Act;
(b)
an appeal to the Full Court from an order of the Federal Magistrates Court, when the jurisdiction of the court in relation to the appeal is to be exercised by the Full Court;

(c)
an appeal from a single Judge of a Supreme Court of a State or Territory.

Note
On the filing of an appeal from an order of the Federal Magistrates Court, the Chief Justice must decide whether the jurisdiction of the Family Court is to be exercised by the Full Court or a single Judge. There is no right to an appeal against this decision.
If the appeal is to be heard by:

(a) a Full Court — Part 22.3 applies; and
(b) a single Judge — Part 22.4 applies.

The Regional Appeal Registrar will tell the appellant, within 14 days, if possible, after the filing of a Form 20 which Part of these Rules apply.



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