Section 39 — Property (Relationships) Act 1976: Right of appeal to High Court

39 Right of appeal to High Court (1) This subsection applies to a decision of a Family Court or District Court, in proceedings under this Act, to— (a) make or refuse to make an order; or (b) dismiss the proceedings; or (c) otherwise finally determine the proceedings. (2) A party to proceedings in which there is made a decision to which subsection (1) applies, or any other person prejudicially affected by the decision, may appeal to the High Court against the decision. (3) 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 (2) as if it were an appeal under section 72 of that Act. (4) On the ex parte application of the appellant, the Family Court or District Court (as the case requires) 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. (5) Subsection (4) overrides subsection (3) . (6) If the appeal relates to proceedings commenced after the death of 1 of the spouses or partners, this section is modified by section 93 . Subsection (1) was substituted, as from 1 October 1981, by section 17 Family Courts Act 1980 (1980 No 161). Subsection (1) was substituted, as from 1 January 1984, by section 10(1) Matrimonial Property Amendment Act (No 2) 1983 (1983 No 145). Subsection (1) was amended, as from 8 March 1985, by section 2 Matrimonial Property Amendment Act 1985 (1985 No 28) by substituting the words “ subsections (1), (3) and (5) of section 71A ” for the expression “ section 71 ” . Subsection (1A) was inserted, as from 1 January 1984, by section 10(1) Matrimonial Property Amendment Act (No 2) 1983 (1983 No 145). The words “ High Court ” were substituted, as from 1 April 1980, for the words “ Supreme Court ” pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124). Section 39 was substituted, as from 1 February 2002, by section 43 Property (Relationships) Amendment Act 2001 (2001 No 5). See Part 9 of this Act as to the transitional and saving provisions. Section 39 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 (6) was amended, as from 26 April 2005, by section 3(1) Property (Relationships) Amendment Act 2005 (2005 No 19) by substituting the word “ partners ” for the words “ de facto partners ” .