Federal Court of Australia
Federal Court of Australia
Freeway Sports Centre Pty Ltd ATF Freeway Sports Centre Unit Trust v Freeway Fitness Pty Ltd ATF Freeway Fitness Unit Trust [2025] FCA 82 File number(s): VID 576 of 2024
Judgment of: BUTTON j
Date of judgment: 13 February 2025
Catchwords: PRACTICE AND PROCEDURE – application for temporary stay of proceeding, or alternatively transfer of proceeding to Federal Circuit and Family Court of Australia – where proceeding related to an existing FCFCOA (Div 1) proceeding regarding division of martial assets – where relief sought in proceeding would, if granted, affect asset pool in FCFCOA (Div 1) proceeding – where commencement of proceeding had become point of contention in FCFCOA (Div 1) proceeding – whether, having regard to the interests of justice, it is more appropriate that the proceeding be determined by the FCFCOA (Div 1) – whether preferable to stay or transfer the proceeding – orders made that proceeding be transferred to the FCFCOA (Div 1)
Legislation: Corporations Act 2001 (Cth) ss 58AA, 233, 461, 1337H Family Law Act 1975 (Cth) s 79A Federal Court of Australia Act 1976 (Cth) s 32AB Federal Court Rules 2011 (Cth) r 27.01
Cases cited: McLachlan v Assistant Minister for Immigration & Border Protection [2018] FCA 109 Yara Pilbara Fertilisers Pty Ltd v Oswal (No 8) [2015] FCA 49
Division: General Division
Registry: Victoria
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 43
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