Commonwealth Consolidated Acts

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA ACT 2021 - SECT 28

Appeals from judgments of the Federal Circuit and Family Court of Australia (Division   2) or the Magistrates Court of Western Australia

  (1)   Leave of the Federal Circuit and Family Court of Australia (Division   1) is required to appeal to the Court from:

  (a)   a judgment of the Federal Circuit and Family Court of Australia (Division   2) or the Magistrates Court of Western Australia exercising original jurisdiction under:

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

  (ii)   the Child Support (Registration and Collection) Act 1988 ; or

  (b)   a prescribed judgment of the Federal Circuit and Family Court of Australia (Division   2) or the Magistrates Court of Western Australia; or

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

  (2)   An application for leave of the Federal Circuit and Family Court of Australia (Division   1) under subsection   (1) is to be heard and determined by a single Judge unless the Chief Justice directs that the application be heard and determined by a Full Court.

Appeal from judgments of other courts

  (3)   Leave of a Full Court of the Federal Circuit and Family Court of Australia (Division   1) is required to appeal to the Court from:

  (a)   a judgment of the Federal Circuit and Family Court of Australia (Division   1) constituted by a single Judge exercising appellate jurisdiction in relation to a judgment mentioned in subparagraph   26(1)(e)(ii) or (iii); or

  (b)   a judgment of the Federal Circuit and Family Court of Australia (Division   1) constituted by a single Judge exercising original jurisdiction under:

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

  (ii)   the Child Support (Registration and Collection) Act 1988 ; or

  (c)   a judgment of a Family Court of a State exercising original or appellate jurisdiction under:

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

  (ii)   the Child Support (Registration and Collection) Act 1988 ; or

  (d)   a judgment of a Supreme Court of a State or Territory constituted by a single Judge exercising original or appellate jurisdiction under:

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

  (ii)   the Child Support (Registration and Collection) Act 1988 ; or

  (e)   the following judgments:

  (i)   a prescribed judgment of the Federal Circuit and Family Court of Australia (Division   1) constituted by a single Judge;

  (ii)   a prescribed judgment of the Family Court of a State;

  (iii)   a prescribed judgment of a Supreme Court of a State or Territory constituted by a single Judge; or

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

Note:   Leave of a single Judge of the Federal Circuit and Family Court of Australia (Division   1) is required for an appeal from a court of summary jurisdiction of a State or Territory: see sections   47A and 47B of the Family Law Act 1975 .

Rules of Court

  (4)   The Rules of Court may make provision for enabling applications for leave to be dealt with, subject to conditions prescribed by the Rules, without an oral hearing.