Brugman v Tavener [2018] NFSC 3

SUPREME COURT OF NORFOLK ISLAND

Brugman v Tavener [2018] NFSC 3 File number: SC 1 of 2017

Judge: WIGNEY J

Date of judgment: 27 March 2018

Catchwords: PRACTICE AND PROCEDURE – transfer of proceedings to Family Court pursuant to s 5, Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth) – whether Court has jurisdiction in relation to whether agreement made pursuant to Part VIIIAB of the Family Law Act 1975 (Cth) is binding on parties following breakdown of de facto relationship – where Federal Circuit Court proceedings dismissed due to misconception concerning jurisdiction – where interests of justice dictate transfer to Family Court – application for freezing order pursuant to r 741 of the Civil Procedure Rules 2006 (ACT) – application for freezing order should be properly made in Family Court COSTS – where proceedings should have been commenced pursuant to provisions of Family Law Act 1975 (Cth) – where matter is to be transferred to Family Court - where parties seek orders concerning costs in this Court – where parties seek orders that the other part pay their costs on an indemnity basis - question of costs to be reserved for resolution by Family Court

Legislation: Family Law Act 1975 (Cth) ss 39B, 70NFB, Part VIIIAB, 90RC, 90SA, 90UJ, 117, 117AA, 117AC, 118 Family Law Amendment (De Facto Financial Matters and Other Measures) Act 2008 (Cth) item 88, Part 2 of Schedule 1 Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth) ss 3, 5, 12 De Facto Relationships Act 2005 (NI) ss 39, 40, 41, 42 Civil Procedures Rules 2006 (ACT) r 741

Cases cited: Woodland Home Products Pty Ltd v Picalovski [2010] NSWSC 629