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Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Act 2021
106Appeals from courts of summary jurisdiction
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106 Appeals from courts of summary jurisdiction
(1) A Family Court of a State has jurisdiction to hear and determine appeals from a decree of a court of summary jurisdiction of the State.
(2) The Supreme Court of the Northern Territory has jurisdiction to hear and determine appeals from a decree of a court of summary jurisdiction of the Northern Territory.
107 Appeals to High Court
(1) An appeal must not be brought directly to the High Court from a decree of a court exercising original jurisdiction under this Act (other than the Federal Circuit and Family Court of Australia).
Note: In relation to the Federal Circuit and Family Court of Australia, see sections 55 and 155 of the Federal Circuit and Family Court of Australia Act 2021.
(2) If, apart from this subsection, subsection (1) is to any extent inconsistent with section 73 of the Constitution, this Act has effect as if the words “, except by special leave of the High Court” were added at the end of subsection (1).
181 Subsection 110W(2) (heading)
182 Paragraph 110W(2)(a)
(a) a decision is a decision of the Full Court of the Federal Circuit and Family Court of Australia (Division 1); and
183 Paragraphs 110W(3)(a) and (b)
(a) a decision is a decision of a court (other than a decision of the Full Court of the Federal Circuit and Family Court of Australia (Division 1)) under Part VIII; and
(b) an application may be made for leave to appeal against the decision; and
Civil Dispute Resolution Act 2011
184 Section 5 (paragraph (b) of the definition of eligible court)
185 Section 16
Before “Proceedings are also”, insert “(1)”.
186 At the end of section 16
Add:
(2) Proceedings are also excluded proceedings to the extent that they are:
(a) proceedings falling within the original or appellate jurisdiction of the Federal Circuit and Family Court of Australia (Division 1) (see Part 2 of Chapter 3 of the Federal Circuit and Family Court of Australia Act 2021); or
(b) proceedings falling within the original jurisdiction of the Federal Circuit and Family Court of Australia (Division 2) under section 132 of that Act.
187 Section 18
Omit “the Federal Circuit Court of Australia Act 1999”, substitute “Chapter 4 of the Federal Circuit and Family Court of Australia Act 2021”.
Coal Mining Industry (Long Service Leave) Administration Act 1992
188 Subsection 4(1) (definition of Federal Circuit Court)
189 Sections 39DA and 39DB
Omit “Federal Circuit Court” (wherever occurring), substitute “Federal Circuit and Family Court of Australia (Division 2)”.
190 Paragraph 49A(4)(b)
191 Section 52C (heading)
192 Subsection 52C(1)
193 Paragraphs 52C(2)(e), (f) and (g)
194 Subsection 52C(3)
Omit “Federal Circuit Court under subsection (1) is to be exercised in the Fair Work Division of the Federal Circuit Court”, substitute “Federal Circuit and Family Court of Australia (Division 2) under subsection (1) is to be exercised in the Fair Work Division of the Court”.
195 Paragraph 52C(3)(a)
196 Paragraph 52C(3)(b)
Omit “section 15 of the Federal Circuit Court of Australia Act 1999”, substitute “section 140 of the Federal Circuit and Family Court of Australia Act 2021”.
197 Paragraph 52C(3)(c)
Omit “section 16 of the Federal Circuit Court of Australia Act 1999”, substitute “section 141 of the Federal Circuit and Family Court of Australia Act 2021”.
198 Paragraphs 52C(3)(d) and (e)
199 Section 52D
Coal Mining Industry (Long Service Leave) Payroll Levy Collection Act 1992
200 Paragraph 13A(4)(b)
Coastal Trading (Revitalising Australian Shipping) Act 2012
201 Subsection 6(1) (definition of Federal Circuit Court)
202 Subsection 86(1)
Competition and Consumer Act 2010
203 Subsection 4(1)
(b) definition of the Family Court.
204 Paragraphs 56EU(4)(b), 56EW(3)(b) and 56EX(3)(b)
205 Paragraph 56EY(5)(a)
(a) the Federal Circuit and Family Court of Australia (Division 2);
206 Subsection 86(1A)
207 Paragraph 86(4)(a)
208 Section 86AA (heading)
209 Section 86AA
Omit “Federal Circuit Court, the Federal Circuit Court”, substitute “Federal Circuit and Family Court of Australia (Division 2), the Court”.