Commonwealth Consolidated Acts

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA ACT 2021 - SECT 26

Appeals generally

  (1)   Subject to section   28, the Federal Circuit and Family Court of Australia (Division   1) has jurisdiction to hear and determine appeals from:

  (a)   a judgment of a single Judge of the Federal Circuit and Family Court of Australia (Division   1) exercising appellate jurisdiction in relation to a judgment mentioned in paragraph   (e); and

  (b)   a judgment of the Federal Circuit and Family Court of Australia (Division   1) exercising original jurisdiction; and

  (c)   a judgment of the Federal Circuit and Family Court of Australia (Division   2) exercising the original jurisdiction mentioned in section   132; and

  (d)   a judgment of:

  (i)   a Family Court of a State (other than Western Australia); or

  (ii)   a Supreme Court of a State or Territory constituted by a single Judge;

    exercising original or appellate jurisdiction under the Family Law Act 1975 , the Child Support (Assessment) Act 1989 or the Child Support (Registration and Collection) Act 1988 ; and

  (da)   a judgment of the Family Court of Western Australia exercising original or appellate jurisdiction under:

  (i)   the Family Law Act 1975 (other than Part   VIIIC); or

  (ii)   the Child Support (Assessment) Act 1989 ; or

  (iii)   the Child Support (Registration and Collection) Act 1988 ; and

  (e)   a judgment of a court of summary jurisdiction of a State or Territory (other than the Magistrates Court of Western Australia) exercising original jurisdiction under:

  (i)   the Family Law Act 1975 ; or

  (ii)   the Child Support (Assessment) Act 1989 ; or

  (iii)   the Child Support (Registration and Collection) Act 1988 ; and

  (f)   a judgment of the Magistrates Court of Western Australia exercising original jurisdiction under:

  (i)   the Family Law Act 1975 (other than Part   VIIIC); or

  (ii)   the Child Support (Assessment) Act 1989 ; or

  (iii)   the Child Support (Registration and Collection) Act 1988 ; and

  (g)   a judgment of a court exercising jurisdiction in section   69GA proceedings; and

  (h)   a judgment or decision of a Judge or Magistrate exercising jurisdiction, as mentioned in paragraph   (a), (b), (c), (d), (f) or (g), rejecting an application that the Judge or Magistrate disqualify himself or herself from further hearing a matter.

Note 1A:   Paragraph   (da) and subparagraph   (f)(i)--for appeals relating to matters arising under Part   VIIIC of the Family Law Act 1975 : see section   47BA of that Act.

Note 1:   Paragraphs   (e) and (g)--an appeal from a judgment of a court of summary jurisdiction, or of a court exercising jurisdiction in section   69GA proceedings, may be made to the Federal Circuit and Family Court of Australia (Division   1) under the Family Law Act 1975 : see section   47A of that Act.

Note 2:   This section also applies to appeals from the making, variation and revocation of court security orders under the Court Security Act 2013 as described in section   39 of this Act.

Certain kinds of appeals prohibited

  (2)   An appeal must not be brought from a judgment referred to in subsection   (1) if the judgment is:

  (a)   a determination of an application:

  (i)   for leave or special leave to institute proceedings in the Federal Circuit and Family Court of Australia (Division   1); or

  (ii)   for an extension of time within which to institute proceedings in the Federal Circuit and Family Court of Australia (Division   1); or

  (iii)   for leave to amend the grounds of an application or appeal to the Federal Circuit and Family Court of Australia (Division   1); or

  (b)   a decision to do, or not to do, any of the following:

  (i)   join or remove a party;

  (ii)   adjourn or expedite a hearing;

  (iii)   vacate a hearing date.