Commonwealth Numbered Acts

CHILD SUPPORT (ASSESSMENT) ACT 1989 No. 124 of 1989 - SECT 105

105. (1) Subject to subsections (2) and (5), an appeal lies from a decree of a
court of summary jurisdiction of a State or Territory exercising jurisdiction
under this Act to the Family Court or:

   (a)  in the case of a court of summary jurisdiction of a State that has a
        Family Court of the State-to the Family Court of the State; or

   (b)  in the case of a court of summary jurisdiction of the Northern
        Territory-to the Supreme Court of the Northern Territory.

(2) An appeal lies to a court under subsection (1) only with the leave of the
court.

(3) An application for leave to appeal under subsection (1) must be made
within the time prescribed by the Rules of Court or within such further time
as is allowed under the Rules of Court.

(4) A Family Court of a State is invested with federal jurisdiction, and
jurisdiction is conferred on the Supreme Court of the Northern Territory, with
respect to matters arising under this Act in relation to which applications
for leave to appeal are made under subsection (1) and appeals are instituted
under that subsection.

(5) The Governor-General may, by Proclamation, fix a day as the day on or
after which applications may not be made to the Family Court of a State or the
Supreme Court of the Northern Territory for leave to appeal under subsection
(1).

(6) A court hearing an appeal under subsection (1):

   (a)  subject to subsection (7), is to proceed by way of a hearing de novo,
        but may receive as evidence any record of evidence given, including
        any affidavit filed or exhibit received in the court of summary
        jurisdiction; and

   (b)  may make such decrees as it considers appropriate, including a decree
        affirming, reversing or varying the decree the subject of the appeal.

(7) Where a court has granted leave to appeal under subsection (1), the court
may refer the appeal to a Full Court of the Family Court.

(8) Where an appeal is referred to a Full Court of the Family Court under
subsection (7), the Full Court may:

   (a)  proceed by way of a hearing de novo, but may receive as evidence any
        record of evidence given, including any affidavit filed or exhibit
        received in the court of summary jurisdiction; and

   (b)  order that questions of fact arising in the proceedings be tried by a
        Judge; and

   (c)  determine questions of law arising in the proceedings and remit the
        appeal to a Judge for hearing in accordance with directions given by
        it; and

   (d)  make such other decrees as it considers appropriate, including a
        decree affirming, reversing or varying the decree the subject of the
        appeal.