› Declaratory relief “equitable” antecedents does not define statutory relief
› The character of a statutory power, such as a power to make declarations, does not become “legal” or “equitable” according to the character of its subject matter
Family Law
› JURISDICTION
› Whether the Supreme Court has jurisdiction in “de facto financial causes” consequent upon the passing of the Federal Circuit and Family Court of Australia Act 2021 (Cth) and amendments to the Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth)
› serious doubt that Supreme Court has such jurisdiction
Jurisdiction
› Jurisdiction of Supreme Court to consider whether an application before it is of a nature that constitutes a cause the jurisdiction of which is allocated to another court
› Generally parties cannot by consent confer jurisdiction on a court to make orders which the court lacks power to make
Case Details
Citation[2022] NSWSC 1148
CourtNSWSC
JurisdictionNew South Wales
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