Commonwealth Numbered Acts

JURISDICTION OF COURTS (CROSS-VESTING) ACT 1987 No. 24 of 1987 - SECT 7

7. (1) An appeal shall not be instituted from a decision of a single judge of
the Federal Court or the Family Court to the Full Court of the Supreme Court
of a State or Territory.

(2) An appeal shall not be instituted from the Federal Court or the Family
Court to the other of those courts.

(3) Where it appears that the only matters for determination in a proceeding
by way of an appeal from a decision of a single judge of the Supreme Court of
a State or Territory are matters other than matters arising under an Act
specified in the Schedule, that proceeding shall be instituted only in, and
shall be determined only by, the Full Court of the Supreme Court of that State
or Territory.

(4) An appeal shall not be instituted from a decision of a court of summary
jurisdiction of a State to the Supreme Court of the State if an appeal lies
from that decision to the State Family Court of the State.

(5) Subject to sub-sections (7) and (8), where it appears that a matter for
determination in a proceeding by way of an appeal from a decision of a single
judge of the Supreme Court of a State or Territory (not being a proceeding to
which sub-section (6) applies) is a matter arising under an Act specified in
the Schedule, that proceeding shall be instituted only in, and shall be
determined only by-

   (a)  the Full Court of the Federal Court or of the Family Court, as the
        case requires; or

   (b)  with special leave of the High Court, the High Court.

(6) A proceeding by way of an appeal from a decision of a judge of a State
Family Court, being a proceeding involving the determination of-

   (a)  a matter arising under an Act specified in the Schedule; and

   (b)  another matter, may be dealt with as if no matter for determination in
        the proceeding were a matter arising under an Act specified in the
        Schedule.

(7) Where-

   (a)  the Full Court of the Supreme Court of a State or Territory commences
        to hear a proceeding by way of an appeal; and

   (b)  before the Court determines the proceeding, it appears to the Court
        that the proceeding is a proceeding to which sub-section (5) applies,
        the Court shall, unless the interests of justice require that the
        Court proceed to determine the proceeding, transfer the proceeding to
        the Full Court of the Federal Court or of the Family Court, as the
        case requires.

(8) Where the Full Court of the Supreme Court of a State or Territory-

   (a)  determines a proceeding to which sub-section (5) applies as mentioned
        in sub-section (7); or

   (b)  through inadvertence, determines a proceeding to which sub-section (5)
        applies, nothing in this section invalidates the decision of that
        court.