Where a matter for determination in a summons for leave to appeal from a Supreme Court single judge arises under the Family Law Act 1975 (Cth), the proceeding must be instituted in and determined by the Full Court of the Family Court pursuant to s 7(5) of the Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth), and the Court of Appeal must dismiss for want of jurisdiction. Hearing an interlocutory notice of motion (such as a stay application) does not constitute commencing to hear the appeal for the purposes of s 7(7), so the transfer mechanism is not engaged.
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