Zeiher v Holder [2014] NSWCA 334

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Zeiher v Holder [2014] NSWCA 334 Hearing dates: 17 and 23 September 2014 Decision date: 26 September 2014 Before: Beazley P Decision: (1) Notice of motion dismissed with costs; (2) Summons for leave to appeal dismissed with costs. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: COURTS - jurisdiction - prohibition on instituting and determining appeal other than in Full Court of Family Court - Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth), s 7(5) - where de facto financial cause proceedings instituted in Family Court - whether proceedings were a matter arising under the Family Law Act 1975 (Cth) - meaning of "a matter" COURTS - jurisdiction - Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth), s 7(7) - whether court had commenced to hear a proceeding by way of an appeal - where court had heard notice of motion brought prior to the hearing of the summons for leave to appeal Legislation Cited: Family Law Act 1975 (Cth) Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth) Uniform Civil Procedure Rules 2005 Cases Cited: Bramco Electronics Pty Ltd v ATF Mining Electrics Pty Ltd [2013] NSWCA 392 Eberstaller v Poulos [2014] NSWCA 211 Grace v Grace [2014] NSWCA 86; 284 FLR 94 Macchia v The Public Trustee [2008] WASCA 241; 251 ALR 385 Re Wakim [1999] HCA 27; 198 CLR 511 Category: Principal judgment Parties: Felicity Zeiher (Applicant) Mark Christopher Holder (Respondent) Representation: Counsel: In person (Applicant) D Perrignon (Respondent) Solicitors: In person (Applicant) Mills Oakley Lawyers (Respondent) File Number(s): 2014/271649 Decision under appeal Jurisdiction: 9111 Citation: Holder v Zeiher [2014] NSWSC 556 Date of Decision: 2014-05-14 00:00:00 Before: Davies J File Number(s): 2013/312016