Stambulich v Ekamper

The case of Stambulich v Ekamper was heard in the Federal Court of Australia. The matter involved an appeal against a decision made by a single judge in the Federal Circuit and Family Court of Australia. The primary issue was whether the appeal was a part-heard appeal, which would determine whether the appeal could be heard by a single judge or if it should be heard by a differently constituted court. Another issue was whether the costs incurred were incidental to the appeal, which would affect the costs order.

The court considered the transition provisions between the Full Court and the Court of Appeal. It determined that the appeal was not a part-heard appeal, meaning it should not have been heard by a single judge. The court also found that the costs were not incidental to the appeal, which affected the costs order. As a result, the appeal was adjourned to be heard by a differently constituted court.

The Federal Court of Australia found that the appeal was not a part-heard appeal and should be heard by a differently constituted court. The court also held that the costs were not incidental to the appeal, which impacted the costs order. The case was adjourned to allow for a properly constituted court to hear the matter.