Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Act 2021 (13 of 2021)

Schedule 4   Contingent amendments

Part 4   Family Law Amendment (Western Australia De Facto Superannuation Splitting and Bankruptcy) Act 2020

Family Law Act 1975

8   After section 47B

Insert:

47BA Appeals relating to matters arising under Part VIIIC

(1) An appeal lies to the Family Court of Western Australia from:

(a) an interlocutory order of the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia; or

(b) a decree of the Magistrates Court of Western Australia constituted by a magistrate who is not a Family Law Magistrate of Western Australia;

exercising original jurisdiction invested by Division 2A of Part V.

Note: Division 2A of Part V invests jurisdiction with respect to matters arising under Part VIIIC (Superannuation interests relating to Western Australian de facto relationships).

(2) An appeal lies to the Court of Appeal established under the Supreme Court Act 1935 (WA) from:

(a) a decree of the Family Court of Western Australia exercising original jurisdiction invested by Division 2A of Part V of this Act or appellate jurisdiction under this Act; or

(b) a decree (other than an interlocutory order) of the Magistrates Court of Western Australia constituted by a Family Law Magistrate of Western Australia exercising original jurisdiction invested by Division 2A of Part V of this Act.

Note: Division 2A of Part V invests jurisdiction with respect to matters arising under Part VIIIC (Superannuation interests relating to Western Australian de facto relationships).

(3) The Court of Appeal established under the Supreme Court Act 1935 (WA) and the Family Court of Western Australia are each invested with federal jurisdiction with respect to matters arising under Part VIIIC of this Act in respect of which appeals are instituted under this section.