Western Australian Repealed Regulations

This legislation has been repealed.

FAMILY COURT OF WESTERN AUSTRALIA RULES 1988 - REG 12

12 .         Notice of Appeal

        (1)         An appeal under section 81 (2) of the Act to the Court from a court of summary jurisdiction shall be instituted by filing a notice of appeal.

        (2)         A notice of appeal referred to in subrule (1) shall be — 

            (a)         in the form of the form of notice of appeal prescribed by the Family Law Rules in relation to appeals from courts of summary jurisdiction under section 96 of the Family Law Act; and

            (b)         filed in the Court within 28 days after the making of the decree in relation to which the appeal is made or such further time as the Court may allow.

        (3)         A copy of the notice of appeal shall, in accordance with the provisions of the Family Law Rules relating to service of notices of appeal from courts of summary jurisdiction under section 96 of the Family Law Act, be served on — 

            (a)         all parties to the proceedings; and

            (b)         the clerk of the court appealed from,

                within 14 days after the filing of the notice of appeal.

        (4)         Where notice of appeal under section 81 (2) of the Act to the Court from a court of summary jurisdiction has been filed in accordance with subrule (1), the Magistrate who made the decree or a Judge may make an order staying 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 or entertain proceedings for the enforcement of the decree.