Grace v Grace [2014] NSWCA 86

Grace v Grace [2014] NSWCA 86

The appeal sought orders regarding costs related to claims under the Family Law Act, making the matter one arising under that Act. Section 7(5) of the Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth) precludes the Supreme Court's Court of Appeal from determining such an appeal unless it has commenced to hear it, which had not occurred. Therefore, the appeal was dismissed for want of jurisdiction.

Jurisdiction
Australia
Judgment Date
03 March 2014
Procedural Posture
Appeal / Jurisdictional Challenge, Determination of Appeal for Want of Jurisdiction
Outcome
Appeal dismissed for want of jurisdiction.
Legal Topics
['appeal Jurisdiction' 'exercise of Discretion as to Costs' 'federal Jurisdiction' 'application of S 117 Family Law Act']
['practice and Procedure' 'family Law'] ['appeal Jurisdiction' 'exercise of Discretion as to Costs' 'federal Jurisdiction' 'application of S 117 Family Law Act']

Case Brief

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Procedural Posture

Appeal / Jurisdictional Challenge, Determination of Appeal for Want of Jurisdiction

Legal Issues

  1. 1 ['Whether the appeal involves a matter arising under the Family Law Act 1975 (Cth)' 'Whether s 7(5) of the Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth) precludes the Supreme Court from hearing the appeal' 'Whether the exercise of discretion as to costs falls within s 117 of Family Law Act' 'Whether the Court commenced to hear the appeal for purposes of s 7(7)']

Ratio Decidendi

The appeal sought orders regarding costs related to claims under the Family Law Act, making the matter one arising under that Act. Section 7(5) of the Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth) precludes the Supreme Court's Court of Appeal from determining such an appeal unless it has commenced to hear it, which had not occurred. Therefore, the appeal was dismissed for want of jurisdiction.

Court Disposition

Appeal dismissed for want of jurisdiction.

Orders

  • ['Dismiss the appeal for want of jurisdiction.' "Appellants pay the respondents' costs of the proceedings in this Court."]