Appeals

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The following appeals are possible:

  1. Appeals to the Full Court of the FCFCOA: section 47A provides a system of appeals from the exercise of original jurisdiction.

  2. Appeals to the High Court are only available by special leave of the High Court, or upon a certificate of the Full Court of the FCFCOA, that an important question of law or of public interest is involved.

  3. Appeals from the state Magistrates’ Court: a person aggrieved by a decree of a state Magistrates’ Court may, within the time that is prescribed, appeal to the FCFCOA. Appeals from the state Magistrates’ Court to the superior court are by way of a rehearing.

  4. An appeal to Division 1 from Division 2 of the FCFCOA on a point of law is possible as of right.

No appeal against a decree of dissolution of marriage can be made after the decree has become absolute.

    1. Appeals from a single judge of Division 1 of the FCFCOA to the Full Court of the FCFCOA must be filed within one month of the decree appealed against.

    2. Appeals from the Magistrates’ Court must be filed within one month of the decree appealed against.

Family Law Act

Chapter: 4.1: Marriage and divorce

Contributor: Rebecca Dahl, Partner, Nicholes Family Lawyers

Current as of: 1 September 2024

Law Handbook Page: 232

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