Commonwealth Numbered Regulations

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (FAMILY LAW) RULES 2021 (F2021L01197) - RULE 13.02

             (1)  A person may start an appeal by filing a Notice of Appeal:

                     (a)  for an appeal from a court of summary jurisdiction other than a Family Law Magistrate of Western Australia--in the registry of a Family Court that is closest to the court of summary jurisdiction that made the order appealed from; or

                     (b)  in any other case--in the National Appeal Registry.

Note 1:       Leave of the court is needed to appeal from:

(a)    an interlocutory order, other than an interlocutory order relating to a child welfare matter, of the Federal Circuit and Family Court or a Family Law Magistrate of Western Australia (see section 28 of the Federal Circuit and Family Court Act and the Federal Court and Federal Circuit and Family Court Regulations 2012 ); or

(b)    an order, made by a court, referred to in section 28 of the Federal Circuit and Family Court Act, section 101 of the Assessment Act or section 106 of the Registration Act.

Note 2:       The Notice of Appeal must be accompanied by the applicable filing fee or an application for a fee exemption or deferral (see rule 2.23(3)(a)).

             (2)  If an appeal cannot be started without the leave of the court, leave must be sought in the Notice of Appeal.

Note:          At the hearing of the appeal, only the grounds stated in the Notice of Appeal (or Notice of Appeal as amended) may be argued except with the court's permission. A Notice of Appeal may be amended only in accordance with rule 13.10.