JURISDICTION OF COURTS (CROSS-VESTING) ACT 1987 - SECT 7 Institution and hearing of appeals

JURISDICTION OF COURTS (CROSS-VESTING) ACT 1987 - SECT 7

7 Institution and hearing of appeals

(1) An appeal shall not be instituted from a decision of a single judge of the Federal Court or the Federal Circuit and Family Court of Australia to the Full Court of the Supreme Court.

(2) An appeal shall not be instituted from the Federal Court or the Federal Circuit and Family Court of Australia to the other of those courts.

(3) Where it appears that the only matters for determination in a proceeding by way of an appeal from a decision of a single judge of the Supreme Court are matters other than matters arising under an Act specified in the Schedule to the Jurisdiction of Courts (Cross-vesting) Act 1987 of the Commonwealth, that proceeding shall be instituted only in, and shall be determined only by, the Full Court of the Supreme Court.

(4) Subject to subsections (6) and (7), where it appears that a matter for determination in a proceeding by way of an appeal from a decision of a single judge of the Supreme Court (not being a proceeding to which subsection (5) applies) is a matter arising under an Act specified in the Schedule referred to in subsection (3), that proceeding shall be instituted only in, and shall be determined only by--

(a) the Full Court of the Federal Court or of the Federal Circuit and Family Court of Australia, as the case requires, or

(b) with special leave of the High Court, the High Court.

(5) A proceeding by way of an appeal from a decision of a judge of a State Family Court, being a proceeding involving the determination of--

(a) a matter arising under an Act specified in the Schedule referred to in subsection (3), and

(b) another matter,

may be dealt with as if no matter for determination in the proceeding were a matter arising under an Act specified in that Schedule.

(6) Where--

(a) the Full Court of the Supreme Court commences to hear a proceeding by way of an appeal, and

(b) before the Court determines the proceeding, it appears to the Court that the proceeding is a proceeding to which subsection (4) applies,

the Court shall, unless the interests of justice require that the Court proceed to determine the proceeding, transfer the proceeding to the Full Court of the Federal Court or of the Federal Circuit and Family Court of Australia, as the case requires.

(7) Where the Full Court of the Supreme Court--

(a) determines a proceeding to which subsection (4) applies as mentioned in subsection (6), or

(b) through inadvertence, determines a proceeding to which subsection (4) applies,

nothing in this section invalidates the decision of that Court.