Corbett v Nguyen [2019] NSWCA 191

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Corbett v Nguyen [2019] NSWCA 191 Hearing dates: 5 August 2019 Decision date: 05 August 2019 Before: Basten JA Decision: (1) Order that the appeal in matter number 2018/147433 be dismissed.

(2) Order that the costs of the proceedings in this court abide the outcome of the appellate proceedings in the Full Court of the Family Court of Australia in relation to the matters the subject of the hearing in the Equity Division. Catchwords: CIVIL PROCEDURE – application to transfer appeal proceedings to Full Court of Family Court –proceedings involving a matter arising from an order made under the Family Law Act 1975 (Cth) – no power for the Court to transfer proceedings to the Family Court as the hearing had not commenced – proceedings dismissed

COSTS – appellant commenced proceedings in the incorrect court – respondent consented to transfer of proceedings on terms – both parties aware that the appeal not competent – no objection to competency – costs in accordance with terms of consent orders – costs to abide outcome of the appeal in the Family Court Legislation Cited: Family Law Act 1975 (Cth), ss 77, 79 Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth), s 7 Uniform Civil Procedure Rules 2005 (NSW), r 51.41 Cases Cited: Eberstaller v Poulos (2014) 87 NSWLR 394; [2014] NSWCA 211 Fencott v Muller (1983) 152 CLR 570; [1983] HCA 12 Grace v Grace (2014) 85 NSWLR 688; [2014] NSWCA 86 Rizeq v Western Australia (2017) 262 CLR 1; [2017] HCA 23 Category: Procedural and other rulings Parties: Avelina Corbett (Appellant) Ai Nhon Nguyen (First Respondent) James Edmund Corbett (Second Respondent) Representation: Counsel: Mr P D Herzfeld/Mr D Reynolds (Appellant) Mr R W Tregenza (First Respondent)