24Appellate jurisdiction

#### 24 Appellate jurisdiction (1) Subject to this section and to any other Act, whether passed before or after the commencement of this Act (including an Act by virtue of which any judgments referred to in this section are made final and conclusive or not subject to appeal), the Court has jurisdiction to hear and determine: (a) appeals from judgments of the Court constituted by a single Judge exercising the original jurisdiction of the Court; (b) appeals from judgments of the Supreme Court of a Territory (other than the Australian Capital Territory or the Northern Territory); and (c) in such cases as are provided by any other Act, appeals from judgments of a court (other than a Full Court of the Supreme Court) of a State, the Australian Capital Territory or the Northern Territory, exercising federal jurisdiction; and (d) appeals from judgments of the Federal Circuit and Family Court of Australia (Division 2) exercising original jurisdiction under a law of the Commonwealth other than: (i) the Family Law Act 1975; or (ii) the Child Support (Assessment) Act 1989; or (iii) the Child Support (Registration and Collection) Act 1988; or (iv) regulations under an Act referred to in subparagraph (i), (ii) or (iii); and (e) appeals from judgments of the Federal Circuit and Family Court of Australia (Division 2) exercising jurisdiction under section 72Q of the Child Support (Registration and Collection) Act 1988. (1AA) An appeal must not be brought from a judgment referred to in paragraph (1)(a), (d) or (e) if the judgment is: (a) a determination of an application of the kind mentioned in subsection 20(3); or (b) a decision to do, or not to do, any of the following: (i) join or remove a party; (ii) adjourn or expedite a hearing; (iii) vacate a hearing date. (1A) An appeal shall not be brought from a judgment referred to in subsection (1) that is an interlocutory judgment unless the Court or a Judge gives leave to appeal. (1B) Subsection (1A) is subject to subsection (1C). (1C) Leave to appeal under subsection (1A) is not required for an appeal from a judgment referred to in subsection (1) that is an interlocutory judgment: (a) affecting the liberty of an individual; or (b) in proceedings relating to contempt of the Court or any other court. (1D) The following are taken to be interlocutory judgments for the purposes of subsections (1A) and (1C): (a) a judgment by consent; (b) a decision granting or refusing summary judgment under section 31A; (c) an order made by the Court under section 37AF, 37AS or 37AT; (ca) a judgment of the Federal Circuit Court under section 17A of the Federal Circuit Court of Australia Act 1999; (d) an order made by the Federal Circuit Court under section 88F, 88U or 88V of the Federal Circuit Court of Australia Act 1999. (1E) The fact that there has been, or can be, no appeal from an interlocutory judgment of the Court in a proceeding does not prevent: (a) a party from founding an appeal from a final judgment in the proceeding on the interlocutory judgment; or (b) the Court from taking account of the interlocutory judgment in determining an appeal from a final judgment in the proceeding.