Section 175 — Family Proceedings Act 1980: Appeals from decisions of High Court

175 Appeals from decisions of High Court (1) Subject to subsections (2) to (5) of this section, a party to any proceedings under this Act before the High Court (other than proceedings on an appeal under section 174 of this Act) may appeal to the Court of Appeal, against any order or decision of the Court or of a Judge of the Court, within 28 days after the making of the order or decision. (2) Where an order dissolving a marriage or civil union is made in the High Court under section 34 or section 39(4) of this Act in any proceedings that have been transferred to that Court under section 14 of the Family Courts Act 1980 , section 42 of this Act shall apply in respect of that order and shall have effect as if, for the words “ High Court ” , there were substituted the words “ Court of Appeal ” . (3) Notwithstanding subsection (1) of this section, where an order dissolving a marriage or civil union is made by the High Court in undefended proceedings, no appeal shall lie to the Court of Appeal against the order. (4) The Court of Appeal shall not extend the time for appeal against an order dissolving a marriage or civil union. (5) Subject to subsection (4) of this section, the Court of Appeal may extend the time for appeal on such terms and subject to such conditions as it thinks fit. (6) [Repealed] Compare: 1963 No 71 s 73 Section 175 was amended, as from 26 April 2005, by section 44(1) Civil Union Act 2004 (2004 No 102) by inserting the words “ or civil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 ” wherever it appears. Subsection (3) was amended, as from 1 October 1981, by section 3(1) Family Proceedings Amendment Act 1981 (1981 No 64) by substituting the words “ Court of Appeal ” for the words “ High Court ” . Subsection (6) was repealed, as from 1 January 2004, by section 47 Supreme Court Act 2003 (2003 No 53).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.