Corbett v Nguyen

Corbett (appellant) sought to transfer appeal proceedings to the Full Court of the Family Court of Australia. The proceedings concerned a matter arising from an order made under the *Family Law Act 1975* (Cth). Nguyen (respondent) consented to the transfer on terms, with both parties acknowledging the appeal was not competent in its current forum.

The central legal issue before the court was whether it possessed the power to transfer the appeal proceedings to the Full Court of the Family Court of Australia. This question arose in circumstances where the hearing of the appeal had not yet commenced.

The court determined that it lacked the power to transfer the proceedings to the Family Court because the hearing had not commenced. Consequently, the appeal was dismissed. The court also made orders regarding costs, stipulating that they would abide the outcome of the appellate proceedings in the Full Court of the Family Court of Australia concerning the matters heard in the Equity Division.