Corbett v Nguyen [2019] NSWCA 191

Corbett v Nguyen [2019] NSWCA 191

The Court lacked jurisdiction to hear the appeal as it arose from an order under the Family Law Act 1975 (Cth), and as the appeal hearing had not commenced, there was no power to transfer the proceedings to the Family Court. Accordingly, the appeal was dismissed and the costs were ordered to abide the outcome of the appellate proceedings in the Full Court of the Family Court.

Jurisdiction
Australia
Judgment Date
05 August 2019
Procedural Posture
Appeal / Judgment on Interlocutory Matter Regarding Jurisdiction and Dismissal
Outcome
Appeal dismissed
Legal Topics
['jurisdiction' 'transfer of Proceedings' 'costs']
['civil Procedure'] ['jurisdiction' 'transfer of Proceedings' 'costs']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Appeal / Judgment on Interlocutory Matter Regarding Jurisdiction and Dismissal

Legal Issues

  1. 1 ['Whether the Court of Appeal of the Supreme Court of New South Wales has jurisdiction to determine an appeal involving a matter arising from an order made under the Family Law Act 1975 (Cth)' 'Whether proceedings can be transferred to the Full Court of the Family Court under the Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth)' 'The appropriate order for costs where appeal is incompetent for want of jurisdiction']

Ratio Decidendi

The Court lacked jurisdiction to hear the appeal as it arose from an order under the Family Law Act 1975 (Cth), and as the appeal hearing had not commenced, there was no power to transfer the proceedings to the Family Court. Accordingly, the appeal was dismissed and the costs were ordered to abide the outcome of the appellate proceedings in the Full Court of the Family Court.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal in matter 2018/147433 be dismissed.' 'The costs of the proceedings in this court abide the outcome of the appellate proceedings in the Full Court of the Family Court of Australia in relation to the matters the subject of the hearing in the Equity Division.']