Commonwealth Consolidated Acts

CHILD SUPPORT (REGISTRATION AND COLLECTION) ACT 1988 - SECT 110

          (1A)  This section does not apply to a decree of the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia.

Note:          Appeals from these decrees are dealt with in section 107A.

             (1)  Subject to subsections (2) and (5), an appeal lies from a decree of a court of summary jurisdiction of a State or Territory exercising jurisdiction under this Act to the Family Court or:

                     (a)  in the case of a court of summary jurisdiction of a State that has a Family Court of the State--to the Family Court of the State; or

                     (b)  in the case of a court of summary jurisdiction of the Northern Territory--to the Supreme Court of the Northern Territory.

             (2)  An appeal lies to a court under subsection (1) only with the leave of the court.

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

             (4)  A Family Court of a State is invested with federal jurisdiction, and jurisdiction is conferred on the Supreme Court of the Northern Territory, with respect to matters arising under this Act in relation to which applications for leave to appeal are made under subsection (1) and appeals are instituted under that subsection.

             (5)  The Governor-General may, by Proclamation, fix a day as the day on or after which applications may not be made to the Family Court of a State or the Supreme Court of the Northern Territory for leave to appeal under subsection (1).

             (6)  A court hearing an appeal under subsection (1):

                     (a)  shall, subject to subsection (7), proceed by way of a hearing de novo , but may receive as evidence any record of evidence given, including any affidavit filed or exhibit received in the court of summary jurisdiction; and

                     (b)  may make such decrees as it considers appropriate, including a decree affirming, reversing or varying the decree the subject of the appeal.

             (7)  Where a court has granted leave to appeal under subsection (1), the court may refer the appeal to a Full Court of the Family Court.

             (8)  Where an appeal is referred to a Full Court of the Family Court under subsection (7), the Full Court may:

                     (a)  proceed by way of a hearing de novo , but may receive as evidence any record of evidence given, including any affidavit filed or exhibit received in the court of summary jurisdiction;

                     (b)  order that questions of fact arising in the proceedings be tried by a Judge;

                     (c)  determine questions of law arising in the proceedings and remit the appeal to a Judge for hearing in accordance with directions given by it; and

                     (d)  make such other decrees as it considers appropriate, including a decree affirming, reversing or varying the decree the subject of the appeal.