Appeals
64 Appeals
A person aggrieved by the decision of a court —
under section 23(1)(b) or 29(1)(b) to dismiss an application; or
to do any of the following —
make, vary or cancel a final order;
refuse to make, vary or cancel a final order;
make any other order in relation to a final order,
may appeal against that decision in accordance with this section.
If the decision was made by the Magistrates Court, the appeal is to be made in accordance with Part 7 of the Magistrates Court (Civil Proceedings) Act 2004 unless subsection (6a)(a) applies.
If the decision was made by the Children’s Court when constituted so as not to consist of or include a judge, the appeal is to be made in accordance with the Children’s Court of Western Australia Act 1988 section 41.
If the decision was made by the Children’s Court when constituted so as to consist of or include a judge, the appeal is to be made in accordance with the Children’s Court of Western Australia Act 1988 section 42A.
If the decision was made by the District Court, the appeal is to be made to the Court of Appeal in accordance with section 79(1)(a) of the District Court of Western Australia Act 1969.
If the decision was made by a judge of the Supreme Court, the appeal is to be made to the Court of Appeal in accordance with section 58 of the Supreme Court Act 1935.
If the decision was made by a court hearing proceedings under the Family Court Act 1997 or the Family Law Act 1975 of the Commonwealth, the appeal is to be made —
in the case of a decision of a court of summary jurisdiction, to the Family Court of Western Australia in accordance with section 211(2) of the Family Court Act 1997; and
otherwise to the Court of Appeal of the Supreme Court in accordance with section 211(3) of the Family Court Act 1997.
If —
the decision was made under section 63(1) to make a restraining order against a person charged with an offence; and
the person charged is convicted of that or another offence; and
the person charged appeals against the conviction or the sentence imposed,
any appeal under subsection (1) by the person charged against the decision is to be made to the court that hears and determines the appeal against the conviction or sentence.
[Section 64 amended: No. 22 of 2000 s. 14; No. 45 of 2004 s. 37; No. 59 of 2004 s. 124; No. 14 of 2013 s. 5; No. 49 of 2016 s. 73.]
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