Section 174 — Family Proceedings Act 1980: Appeals from decisions of District Courts and Family Courts

174 Appeals from decisions of District Courts and Family Courts (1AA) This subsection applies to a decision of a Family Court or District Court, in proceedings under this Act (other than criminal proceedings or proceedings under section 130 ), to— (a) make or refuse to make an order; or (b) dismiss the proceedings; or (c) otherwise finally determine the proceedings. (1) A party to proceedings in which there is made a decision to which subsection (1A) applies, or any other person prejudicially affected by the decision, may appeal to the High Court against the decision. (1A) The High Court Rules and sections 74 to 78 of the District Courts Act 1947 , with all necessary modifications, apply to an appeal under subsection (1) as if it were an appeal under section 72 of that Act. (2) On the ex parte application of the appellant, the District Court may order that the appellant must not be required under section 74(1) of the District Courts Act 1947 to give the Registrar of the High Court security for costs. (2A) Subsection (2) overrides subsection (1A) . (3) Notwithstanding subsection (1) of this section, where an order dissolving a marriage or civil union is made by a Family Court or a Registrar in undefended proceedings, no appeal shall lie to the High Court against the order. (3A) Subsection (3) overrides subsection (1) . (4) The High Court shall not extend the time for appeal against an order dissolving a marriage or civil union. (4A) Subsection (4) overrides subsection (1A) . (5) A party to any appeal under subsection (1) of this section may, with the leave of the Court of Appeal, appeal to the Court of Appeal against any determination of the High Court in the appeal. (6) On an appeal to the Court of Appeal under this section, the Court of Appeal shall have the same power to adjudicate on the proceedings as the High Court had. (7) [Repealed] (8) [Repealed] (9) Except in the case of an order made under section 34 or section 39(4) of this Act or where the Court making the order appealed from otherwise directs, the operation of an order made under this Act shall not be suspended by an appeal under this section, and every order made under this Act may be enforced in the same manner in all respects as if no appeal under this section were pending. Compare: 1963 No 71 s 73; 1968 No 62 s 124 Subsection (1AA) was inserted, as from 24 November 2003, by section 4 District Courts Amendment Act 2002 (2002 No 63). See section 5 of that Act for the transitional provision relating to appeals. See clause 2 District Courts Amendment Act Commencement Order 2003 (SR 2003/281). Subsection (1) was amended, as from 8 March 1985, by section 2 Family Proceedings Amendment Act 1985 (1985 No 17) by substituting the words “ subsections (1), (3), and (5) of section 71A) ” for the words “ section 71 ” . Subsection (1) was substituted, as from 24 November 2003, by section 4 District Courts Amendment Act 2002 (2002 No 63). See section 5 of that Act for the transitional provision relating to appeals. See clause 2 District Courts Amendment Act Commencement Order 2003 (SR 2003/281). Subsection (1A) was inserted, as from 24 November 2003, by section 4 District Courts Amendment Act 2002 (2002 No 63). See section 5 of that Act for the transitional provision relating to appeals. See clause 2 District Courts Amendment Act Commencement Order 2003 (SR 2003/281). Subsection (2) was substituted, as from 24 November 2003, by section 4 District Courts Amendment Act 2002 (2002 No 63). See section 5 of that Act for the transitional provision relating to appeals. See clause 2 District Courts Amendment Act Commencement Order 2003 (SR 2003/281). Subsection (2A) was inserted, as from 24 November 2003, by section 4 District Courts Amendment Act 2002 (2002 No 63). See section 5 of that Act for the transitional provision relating to appeals. See clause 2 District Courts Amendment Act Commencement Order 2003 (SR 2003/281). Subsection (3) was amended, as from 1 July 1994, by section 14 Family Proceedings Amendment Act 1994 (1994 No 32) by inserting the words “ or a Registrar ” . Subsection (3) was amended, as from 26 April 2005, by section 44(1) Civil Union Act 2004 (2004 No 102) by inserting the words “ or civil union ” after the word “ marriage ” . Subsections (3A) and (4A) were inserted, as from 24 November 2003, by section 4 District Courts Amendment Act 2002 (2002 No 63). See section 5 of that Act for the transitional provision relating to appeals. See clause 2 District Courts Amendment Act Commencement Order 2003 (SR 2003/281). Subsection (4) was amended, as from 26 April 2005, by section 44(1) Civil Union Act 2004 (2004 No 102) by inserting the words “ or civil union ” after the word “ marriage ” . Subsection (5) was amended, as from 1 January 2004, by section 47 Supreme Court Act 2003 (2003 No 53) by substituting the words “ in the appeal ” for the words “ on a question of law arising in an appeal under that subsection ” . See sections 50 to 55 of that Act for the transitional and savings provisions. Subsections (7) and (8) were repealed, as from 1 January 2004, by section 47 Supreme Court Act 2003 (2003 No 53). See sections 50 to 55 of that Act for the transitional and savings provisions.