Family Law Legislation Amendment (Family Violence and Other Measures) Act 2011 (189 of 2011)

Schedule 2   Other amendments

Part 1   Amendments

Family Law Act 1975

27   Section 96AA

Repeal the section, substitute:

96AA Appeal may be dismissed if no reasonable prospect of success

(1) If:

(a) an appeal has been instituted in a court under this Part; and

(b) having regard to the grounds of appeal as disclosed in the notice of appeal, it appears to the court that the appeal has no reasonable prospect of success (whether generally or in relation to a particular ground of appeal);

the court may, at any time, order that the proceedings on the appeal be dismissed (either generally or in relation to that ground).

(2) This section does not limit any powers that the court has apart from this section.


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