Barrister AI
All legislation
COMMONWEALTHAct
In force
This is the latest official compilation.Check the official source →
s 47B

Leave to appeal needed for child support matters

In force
Volume 1s 1-90
Part VJurisdiction of courts
Division 4Appeals

47B Leave to appeal needed for child support matters

(1)

Leave of a single Judge of the Federal Circuit and Family Court of Australia (Division 1) is required to appeal to the Court from a decree of a court of summary jurisdiction of a State or Territory exercising jurisdiction under:

(a)

the Child Support (Assessment) Act 1989; or

(b)

the Child Support (Registration and Collection) Act 1988.

(2)

Leave of the Supreme Court of a State or Territory is required to appeal to the Court from a decree of a court of summary jurisdiction of that State or Territory exercising jurisdiction under:

(a)

the Child Support (Assessment) Act 1989; or

(b)

the Child Support (Registration and Collection) Act 1988.

(3)

An application for leave to appeal must be made within:

(a)

in the case of leave of the Federal Circuit and Family Court of Australia (Division 1):

(i)

the time prescribed by the Federal Circuit and Family Court (Division 1) Rules; or

(ii)

such further time as is allowed in accordance with those Rules; and

(b)

in any other case:

(i)

the time prescribed by the standard Rules of Court; or

(ii)

such further time as is allowed in accordance with those Rules.

(4)

The applicable 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.

Research tools for this sectionPro

The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.