Kotsis v Kotsis [1970] HCA 61

High Court of Australia Barwick C.J. McTiernan, Menzies, Windeyer, Owen, Walsh and Gibbs JJ. Kotsis v Kotsis [1970] HCA 61

ORDER The question asked by the Supreme Court of New South Wales in the case stated, namely Did Mr. Deputy Registrar Brown have jurisdiction to make the order dated 24th April 1969 is answered No. The respondent to pay the petitioner's costs of the case stated. The interveners to pay to the respondent two-thirds of the amount payable by him to the petitioner for her costs, and of his own costs, of the case stated.

Cur. adv. vult.

The following written judgments were delivered:—

Dec. 24 Barwick C.J.

Section 23 (2) of the Matrimonial Causes Act 1959-1966 Cth (the Act) in exercise of the constitutional power given to the Commonwealth by s. 77 (iii.) of the Australian Constitution, invests the Supreme Court of each State with federal jurisdiction to hear and determine matrimonial causes instituted under the Act. Section 23 (1) of the Act provides that "subject to this Act, a person may institute a matrimonial cause under this Act in a Supreme Court of a State". Section 23 (3) expressly subjects this invested jurisdiction to the provisions of s. 39 (2) of the Judiciary Act 1903-1959 Cth so far as applicable. A matrimonial cause is defined in s. 5 (1). It includes proceedings with respect to costs in relation to pending proceedings which are themselves a matrimonial cause within the definition. Section 8 (1) of the Act provides that a matrimonial cause shall not be instituted after the commencement of the Act (1st February 1961) except under this Act. Section 127 of the Act gives the Governor-General power to make rules, not inconsistent with the Act in relation to the practice and procedure of the courts having jurisdiction under the Act, including rules—