Guan v Li

[2022] NSWCA 173

NSW Court of Appeal

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Interrogate

Catchwords

1. Courts and Judges
2. › Jurisdiction
3. › Court of Appeal
4. › Cross-vesting
5. › Whether Court of Appeal had jurisdiction to determine appeal
6. › Whether proposed appeal involved matter for determination arising under Family Law Act 1975 (Cth)
7. › Whether application for leave to appeal required to be instituted in Full Court of Federal Court and Family Court of Australia
8. › Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth), s 7(5)
1. Appeals
2. › Jurisdiction of appellate court
3. › Court of Appeal
4. › Cross-vesting
5. › Distinction between matter arising under federal enactment and matter involving interpretation of federal enactment
6. › Whether assessment of strength of arguable case under federal statute constitutes matter arising under that statute
7. › Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth), s 7(5)
8. › Family Law Act 1975 (Cth), s 90K

Quick Take

Grounds concerning the strength of a party's case under the Family Law Act do not deprive the NSW Court of Appeal of jurisdiction under s 7(5) of the Cross-Vesting Act when challenging freezing orders, provided the grounds do not require determination of a right or duty owing its existence to the Family Law Act.