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Jurisdiction finding by the Full Court of the Supreme Court of Western Australia

The Full Court explored whether the Supreme Court had jurisdiction to entertain the appeal, the relevant provisions of cross-vesting legislation and whether, if the Supreme Court had jurisdiction, it was appropriate to transfer the appeal to the Full Cour

Jurisdiction finding by the Full Court of the Supreme Court of Western Australia

In the case of OHB and MTM (2007) FLC 93-338 the Full Court of the Supreme Court of Western Australia considered an appeal against a parenting order made by a judge of the Family Court of Western Australia.

The mother and the child resided in Queensland and the father resided in Western Australia. The child was the ex-nuptial child of the parties and was born in Western Australia.

The independent children's lawyer submitted the Supreme Court of Western Australia did not have jurisdiction to entertain the appeal and that the appeal should be heard in the Full Court of the Family Court of Australia.

The Full Court explored whether the Supreme Court had jurisdiction to entertain the appeal, the relevant provisions of cross-vesting legislation and whether, if the Supreme Court had jurisdiction, it was appropriate to transfer the appeal to the Full Court of the Family Court of Australia.

Their Honours found that the Supreme Court had jurisdiction to entertain the appeal. Nevertheless, the cross-vesting provisions required the matter to be transferred to the Full Court of the Family Court of Australia.

Executive Secretary - Shared Parenting Council of Australia
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