Western Australian Current Acts Western Australian Current Acts (1) Subsection (2)
does not apply if the Magistrates Court is constituted by a family law
magistrate, unless the decree is an interlocutory order and —
(a) the
Family Court of Western Australia has granted leave to appeal; or
(b) the
decree is a decree prescribed in the regulations for the purposes of this
paragraph.
(2) In respect of the
non-federal jurisdictions of the Magistrates Court an appeal lies from a
decree of the court to the Family Court of Western Australia and upon any such
appeal the Court —
(a) must
proceed by way of a re-hearing, but may receive as evidence any record of
evidence given, including any affidavit filed or exhibit received, in the
Magistrates Court; and
(b) may
make such decrees as it thinks fit, including a decree affirming, reversing or
varying the decree the subject of the appeal.
(3) In respect of the
non-federal jurisdictions of the Family Court of Western Australia an appeal
lies from a decree of the Family Court of Western Australia given in its
original or appellate jurisdiction to the Court of Appeal and upon any such
appeal the Court of Appeal may affirm, reverse, or vary the decree the subject
of the appeal and may make such decree as, in the opinion of the Court of
Appeal, ought to have been made in the first instance.
(4) Appeals under
subsection (2) to the Family Court of Western Australia are to be made in the
manner and within the time prescribed by the rules.
(5) Appeals under
subsection (3) to the Court of Appeal are to be made in the manner and within
the time prescribed by the Rules of the Supreme Court.
(6) If, in dismissing
an appeal under subsection (2), the Family Court of Western Australia is of
the opinion that the appeal does not raise any question of general principle,
it may give reasons for its decision in short form.
[Section 211 amended: No. 45 of 2004 s. 37; No. 59
of 2004 s. 95; No. 84 of 2004 s. 80; No. 35 of 2006 s. 39; No. 28 of 2022
s. 27.]