Eberstaller v Poulos

(2014) 87 NSWLR 394; [2014] NSWCA 211

NSW Court of Appeal

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Interrogate

Catchwords

1. Courts
2. › Jurisdiction
3. › Federal jurisdiction
4. › Matter arising under federal law
5. › Enforcement of settlement of dispute arising under Family Law Act
6. › Whether proceedings to enforce consent orders of Family Court constitute matter arising under Family Law Act 1975 (Cth)
7. › Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth), s 7(5)
1. Courts
2. › Jurisdiction
3. › Appellate jurisdiction
4. › Prohibition on appeals to State courts
5. › Appeal from Supreme Court decision enforcing Family Court consent orders
6. › Whether appeal must be instituted in Full Court of Family Court
7. › Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth), s 7(5)
1. Statutes
2. › Interpretation
3. › General and specific provisions
4. › Whether general transfer power in s 5 overridden by specific appellate provision in s 7
5. › Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth), ss 5, 7
1. Family Law
2. › Matrimonial causes
3. › Enforcement of consent orders
4. › Proceedings in Supreme Court to enforce Family Court consent orders
5. › Whether proceedings are a 'matrimonial cause'
6. › Family Law Act 1975 (Cth), s 4

Quick Take

An appeal from a Supreme Court decision enforcing consent orders of the Family Court must be brought in the Full Court of the Family Court under s 7(5) of the Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth), not in the State Court of Appeal. The general transfer power in s 5 cannot be used to circumvent this requirement. The prohibition in s 7(5) cannot be side-stepped by commencing to hear the appeal so as to engage the discretionary power in s 7(7).