22/Jul/2005 - Current (at 31 Dec 2005)
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    47. Appeals

    (1) A person aggrieved by the decision of a court relating to a restraining order under this Part may appeal against that decision in accordance with this section.

    (2) If the decision was made by the Magistrates Court, the appeal is to be made in accordance with Part 7 of the Magistrates Court (Civil Proceedings) Act 2004.

    (3) If the decision was made by the Children's Court when constituted so as not to consist of or include a Judge, the appeal is to be made to the Supreme Court in accordance with section 41 of the Children's Court of Western Australia Act 1988 as if the decision were a decision within the meaning of section 41(2) of that Act.

    (4) If the decision was made by the Children's Court when constituted so as to consist of or include a Judge, the appeal is to be made to the Court of Appeal in accordance with section 43 (other than subsections (2) and (3)) of the Children's Court of Western Australia Act 1988 as if the decision were a decision within the meaning of section 43(3b) of that Act.

    (5) If the decision was made by the District Court, the appeal is to be made to the Court of Appeal in accordance with section 79(1)(a) of the District Court of Western Australia Act 1969.

    (6) If the decision was made by a Judge of the Supreme Court, the appeal is to be made to the Court of Appeal in accordance with section 58 of the Supreme Court Act 1935.

    [Section 47 amended by No. 45 of 2004 s. 37; No. 59 of 2004 s. 141.]



Note: This is not an authorised version. The only authorised version is the hardcopy (printed) version published under authority of the Government Printer, available from the State Law Publisher, 10 William St Perth W.A. 6000.