Kotsis v Kotsis [1970] HCA 61

Kotsis v Kotsis [1970] HCA 61

A deputy registrar of the Supreme Court of New South Wales is not a member of the 'Supreme Court' upon which federal jurisdiction was conferred by s. 23(2) of the Matrimonial Causes Act 1959-1966 (Cth). Orders purporting to be made by such officers in the exercise of federal matrimonial jurisdiction (such as interim costs) are made without jurisdiction, as only the Court as constituted by its judges may exercise that power.

Jurisdiction
Australia
Procedural Posture
Case Stated From the Supreme Court of New South Wales / High Court Decision on Stated Case
Outcome
Question stated answered 'No'. Deputy registrar did not have jurisdiction to make the order. Respondent to pay petitioner's costs. Interveners to pay the respondent two-thirds of the amount payable by him to the petitioner for her costs, and of his own costs, of the case stated.
Legal Topics
['investiture of Federal Jurisdiction' 'composition of State Supreme Courts' 'matrimonial Causes' "court Officers' Powers" 'delegation of Judicial Powers' 'orders for Interim Costs']
['constitutional Law' 'family Law' 'federal Jurisdiction' 'court Procedure'] ['investiture of Federal Jurisdiction' 'composition of State Supreme Courts' 'matrimonial Causes' "court Officers' Powers" 'delegation of Judicial Powers' 'orders for Interim Costs']

Case Brief

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Procedural Posture

Case Stated From the Supreme Court of New South Wales / High Court Decision on Stated Case

Legal Issues

  1. 1 ['Whether a deputy registrar of the Supreme Court of New South Wales had jurisdiction to make an order for interim costs under the federal Matrimonial Causes Act 1959-1966 (Cth)' 'Whether such jurisdiction could be exercised by officers who are not members of the Supreme Court, upon which federal jurisdiction is conferred']

Ratio Decidendi

A deputy registrar of the Supreme Court of New South Wales is not a member of the 'Supreme Court' upon which federal jurisdiction was conferred by s. 23(2) of the Matrimonial Causes Act 1959-1966 (Cth). Orders purporting to be made by such officers in the exercise of federal matrimonial jurisdiction (such as interim costs) are made without jurisdiction, as only the Court as constituted by its judges may exercise that power.

Court Disposition

Question stated answered 'No'. Deputy registrar did not have jurisdiction to make the order. Respondent to pay petitioner's costs. Interveners to pay the respondent two-thirds of the amount payable by him to the petitioner for her costs, and of his own costs, of the case stated.

Orders

  • ['The question asked by the Supreme Court of New South Wales in the case stated, namely Did Mr. Deputy Registrar Brown have jurisdiction to make the order dated 24th April 1969 is answered No.' "The respondent to pay the petitioner's costs of the case stated." 'The interveners to pay to the respondent two-thirds of...