Marriage and divorce

The following appeals are possible:

1 Appeals to the Full Court of FCFCOA: section 94 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 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 FCFCOA. Appeals from the state Magistrates’ Court to the superior court are by way of a rehearing.

4 An appeal to Division One from Division Two of 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 One of FCFCOA to the Full Court of 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.