French v Bremner [2020] NSWCA 77

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: French v Bremner [2020] NSWCA 77 Hearing dates: 20 April 2020 Date of orders: 24 April 2020 Decision date: 24 April 2020 Before: Basten JA Decision: (1) Vacate the direction for the hearing of the appellant's motion on 4 May 2020.

(2) Dismiss the appellant's motion filed on 17 December 2019.

(3) Order that the costs of the motion be costs in the appeal.

(4) Set aside the directions made by the Registrar on 1 April 2020.

(5) Return the matter to the Registrar's list for further directions after the parties have had an opportunity to agree and appropriate timetable. Catchwords: CIVIL PROCEDURE – application to vacate hearing date – COVID-19 pandemic – appellant with chronic medical condition living in the country – difficulty in coming to Sydney to prepare court books and seek legal advice – date fixed in absence of appellant through no fault on his part

CIVIL PROCEDURE – federal jurisdiction – application to remove matter to High Court – whether Judiciary Act 1903 (Cth), s 40(2) engaged – failure of respondent to file appearance in High Court – summary judgment sought in default of appearance –removal to the High Court not ordered

CONSTITUTIONAL LAW – federal jurisdiction – jurisdiction of Supreme Court to make order which could be made by a Justice of the High Court sitting in chambers – whether Judiciary Act 1903 (Cth), s 17 engaged – jurisdiction of High Court to control its business – Constitution, s 73 Legislation Cited: Constitution, ss 51(xviii), 73 Judiciary Act 1903 (Cth), ss 17, 35, 35A, 40 Family Law Act 1975 (Cth), s 95