Commonwealth Consolidated Acts

CHILD SUPPORT (ASSESSMENT) ACT 1989 - SECT 102

             (1)  An appeal lies, with the leave of a Full Court of the Family Court, to a Full Court from:

                     (a)  a decree of the Family Court, constituted otherwise than as a Full Court, exercising original or appellate jurisdiction under this Act; or

                     (b)  a decree of:

                              (i)  a Family Court of a State; or

                             (ii)  the Supreme Court of the Northern Territory constituted by a single Judge;

                            exercising original or appellate jurisdiction under this Act.

             (2)  An appeal lies, with the leave of a Full Court of the Family Court, to a Full Court from a decree or decision of a Judge exercising original or appellate jurisdiction under this Act rejecting an application that he or she disqualify himself or herself from further hearing of a matter.

             (3)  An application for leave to appeal under subsection (1) or (2) must be made within the time prescribed by the standard Rules of Court or within such further time as is allowed under the standard Rules of Court.

             (4)  On an appeal to the Full Court, the Full Court may affirm, reverse or vary the decree or decision the subject of the appeal and may make such decree or decision as, in the opinion of the Full Court, ought to have been made in the first instance, or may, if it considers appropriate, order a re-hearing, on such terms and conditions (if any) as it considers appropriate.

             (5)  If, in dismissing an appeal under subsection (1) or (2), the Full Court is of the opinion that the appeal does not raise any question of general principle, it may, in accordance with the standard Rules of Court, give reasons for its decision in short form.

             (6)  A Full Court of the Family Court, or a Judge of the Appeal Division or other Judge if there is no Judge of the Appeal Division available, may:

                     (a)  join or remove a party to an appeal under subsection (1) or (2); or

                     (b)  make an order by consent disposing of an appeal under subsection (1) or (2) (including an order for costs); or

                     (c)  give directions about the conduct of an appeal under subsection (1) or (2), including directions about the use of written submissions and limiting the time for oral argument.

             (7)  The standard Rules of Court may make provision enabling matters of the kind mentioned in subsection (6) to be dealt with, subject to conditions prescribed by the standard Rules of Court, without an oral hearing.

             (8)  Applications:

                     (a)  for an extension of time within which to institute an appeal under subsection (1) or (2); or

                     (b)  for leave to amend the grounds of an appeal under subsection (1) or (2); or

                     (c)  to reinstate an appeal under subsection (1) or (2) that, because of the standard Rules of Court, was taken to have been abandoned; or

                     (d)  to stay an order of a Full Court of the Family Court made in connection with an appeal under subsection (1) or (2);

may be heard and determined by a Judge of the Appeal Division or other Judge if there is no Judge of the Appeal Division available, or by a Full Court of the Family Court.

             (9)  The standard Rules of Court may make provision enabling applications of a kind mentioned in subsection (8) to be dealt with, subject to conditions prescribed by the standard Rules of Court, without an oral hearing.

           (10)  No appeal lies under this section from an order or decision made under subsection (6) or (8).