Miric v Romanous [2021] NSWSC 805

Supreme Court New South Wales

Medium Neutral Citation: Miric v Romanous [2021] NSWSC 805 Hearing dates: 1 July 2021 Date of orders: 1 July 2021 Decision date: 01 July 2021 Jurisdiction: Equity Before: Kunc J Decision: No power to transfer proceedings to Federal Circuit Court of Australia; NSW Supreme Court proceedings stayed Catchwords: CIVIL PROCEDURE — Cross-vesting — Transfer to Federal Circuit Court of Australia Legislation Cited: Family Law Act 1975 (Cth) Federal Circuit and Family Court of Australia Act 2021 (Cth) Cases Cited: Chan v Johnson [2014] NSWSC 1439 CPPIB Credit Investments Inc v Ren (No 2) [2018] NSWSC 1016 Category: Procedural rulings Parties: Dejana Miric (Plaintiff) Joe Romanous (First Defendant) Lionheart Lawyers Pty Ltd (Second Defendant) Vanessa Marie Romanous (Third Party) Representation: Counsel:

N Obrart (Plaintiff) T Barber (First Defendant) J Tabbernor (Third Party)

Solicitors: Harper James Law Group (Plaintiff) Barber Lawyers (First Defendant) Lionheart Lawyers Pty Ltd (Third Party) File Number(s): 2020/302966 Publication restriction: No

EX TEMPORE Judgment (REVISED) 1. This judgment concerns whether certain proceedings in this Court can and should be transferred to the Federal Circuit Court of Australia (as it was at the time the parties' motions were filed and to which I shall still refer for convenience as the FCCA). The Court has concluded that it has no power to order such a transfer and that the proceedings in this Court should be stayed so that the FCCA can deal with the issues raised by the proceedings in this Court. Without disrespect, I shall refer to the parties in these proceedings by their given names.