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- Types of appeal
Stated cases
A stated case is a case under the Family Law Act 1975, the Child Support (Assessment) Act 1989 or the Child Support (Registration and Collection) Act 1988 where either the court or a party ask the Full Court to determine a question of law arising in a case: r 22.46 of the Family Law Rules.
In a stated case, one of the parties asks the presiding judge to refer an issue of law to the Full Court for a ruling on that issue of law prior to the finalisation of the proceedings before the trial judge. The purpose of seeking such an order is to avoid the trial judge from making an error at law which would thereby necessitate an appeal to the Full Court. The presiding judge must agree to refer state the case stated. In some cases, the judge is the one who proposes that the case be statedreferred but the application itself must be made by at least one of the parties.
See Stated cases.
