Right of appeal from final order decisions of certain State or Territory courts
39 Right of appeal from final order decisions of certain State or Territory courts
An appeal lies from a final order decision of a court in accordance with the following table.
Right of appeal from final order decisions of certain State or Territory courts | ||
|---|---|---|
Item | Column 1 If the final order decision was made by … | Column 2 an appeal lies from the decision to … |
1 | the Local Court of New South Wales | the Supreme Court of New South Wales |
2 | the Magistrates’ Court of Victoria | the Supreme Court of Victoria |
3 | the Magistrates Court of Queensland | the District Court of Queensland |
4 | the Magistrates Court of Western Australia | the District Court of Western Australia |
5 | the Magistrates Court of South Australia | the Supreme Court of South Australia |
6 | the Magistrates Court of Tasmania | the Supreme Court of Tasmania |
7 | the Magistrates Court of the Australian Capital Territory | the Supreme Court of the Australian Capital Territory |
8 | the Local Court of the Northern Territory | the Supreme Court of the Northern Territory |
Each of the following is a final order decision:
a decision on an application for a final order;
a decision on an application to vary a final order;
a decision on an application to revoke a final order.
With respect to matters arising under this Act in respect of which appeals are instituted under this section:
a court mentioned in column 2 of the table in subsection (1) that is a court of a State is invested with federal jurisdiction; and
jurisdiction is conferred on a court mentioned in column 2 of that table that is a court of a Territory.
An appeal under this section to a court must be instituted within the time prescribed by the rules of the court.
Relationship with existing rights etc.
Nothing in this section is intended to limit or affect:
any other right of appeal that exists apart from this section; or
any jurisdiction conferred on or invested in a court apart from this section.
This Act’s bill:Explanatory memorandumSecond reading speech
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