This Part applies to an appeal to the Federal Circuit and Family Court (Division 1) from an order of:
(a) the Federal Circuit and Family Court (Division 2); or
(b) a Family Law Magistrate of Western Australia;
if the jurisdiction of the court is to be exercised by a single Judge.
Note: An appeal from an order of the Federal Circuit and Family Court (Division 2) or a Family Law Magistrate of Western Australia is to be heard by a single Judge of the Federal Circuit and Family Court (Division 1) unless the Chief Justice decides that the appeal is to be heard by a Full Court (see subsection 32(1) of the Federal Circuit and Family Court Act). There is no right to appeal against this decision.
Part 13.3 of these Rules applies in relation to appeals that are to be heard by a Full Court and this Part of these Rules applies in relation to appeals that are to be heard by a single Judge. The Appeal Judicial Registrar will give the parties to the appeal written notice of which Part of these Rules applies to the appeal.