Corbett v Nguyen

[2019] NSWCA 191

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Jurisdiction
3. › Cross-vesting
4. › Transfer of proceedings to Family Court
5. › Whether power to transfer where hearing not commenced
6. › Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth), s 7(5), s 7(7)
1. Practice and Procedure
2. › Jurisdiction
3. › Family law matters
4. › Appeal from state court orders involving matter arising under Family Law Act
5. › Whether Court of Appeal has jurisdiction
6. › Family Law Act 1975 (Cth), s 79
7. › Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth), s 7(5)
1. Practice and Procedure
2. › Costs
3. › Appeal dismissed for want of jurisdiction
4. › Whether costs should follow the event
5. › Whether respondent's failure to object to competency affects costs
6. › Whether costs should abide outcome of proceedings in Family Court
7. › Uniform Civil Procedure Rules 2005 (NSW), r 51.41

Quick Take

Where an appeal involves a matter arising from an order under the Family Law Act 1975 (Cth), the Court of Appeal cannot transfer the proceedings to the Full Court of the Family Court under s 7(7) of the Cross-vesting Act unless the hearing has commenced; the appeal must be dismissed.

Case Details

Citation[2019] NSWCA 191

CourtNSWCA

JurisdictionNew South Wales

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Cited by1

2020Gao v PerryNSWCA 15

Relies on5

2018Nguyen v Corbett (No 2)NSWSC 441
2017Rizeq v Western AustraliaHCA 23
2014Eberstaller v PoulosNSWCA 211
2014Grace v GraceNSWCA 86
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