Ohb v MTM

(2007) 207 FLR 95; [2007] WASCA 6

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Courts and Judges
2. › Jurisdiction
3. › Court of Appeal
4. › Jurisdiction to entertain appeal from parenting order made in Family Court of Western Australia
5. › Whether Family Court exercised State or federal jurisdiction
6. › Whether appeal lies to Court of Appeal or Full Court of Family Court of Australia
7. › Family Court Act 1997 (WA), ss 36(3), 210, 211(3)
8. › Family Law Act 1975 (Cth), ss 69H(2), 69ZJ, 94(1)
1. Cross-vesting
2. › Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth)
3. › Investment of Supreme Court with federal jurisdiction
4. › Whether s 4(1) confers jurisdiction on Supreme Court
5. › Whether Court of Appeal is 'Full Court' of Supreme Court
6. › Whether s 7(5) requires appeal to be heard only by Full Court of Family Court
7. › Whether s 7(7) requires transfer of proceedings
8. › Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth), ss 3(1), 3(2), 4(1), 7(5), 7(6), 7(7), 7(8)
1. Family Law
2. › Ex-nuptial children
3. › Parenting orders
4. › Referral of State power to Commonwealth
5. › Queensland referral of power over ex-nuptial children
6. › Commonwealth Constitution, s 51(xxii)
7. › Commonwealth Powers (Family Law - Children) Act 1990 (Qld), s 3(1)(b)
8. › Family Law Act 1975 (Cth), Pt 7

Quick Take

Where the Family Court of Western Australia makes a parenting order in respect of an ex-nuptial child exercising federal jurisdiction conferred by the Family Law Act 1975 (Cth), the appeal lies to the Full Court of the Family Court of Australia, not the Court of Appeal of Western Australia. Although the Cross-vesting Act invests the Supreme Court with jurisdiction, s 7(7) requires the Court of Appeal to transfer the proceeding to the Full Court of the Family Court of Australia.