Ahmad v Mohamed [2022] NSWSC 1445

Supreme Court New South Wales

Medium Neutral Citation: Ahmad v Mohamed [2022] NSWSC 1445 Hearing dates: 21 October 2022 Decision date: 24 October 2022 Jurisdiction: Equity Before: Peden J Decision: 1) These proceedings are stayed until further order of the Court. 2) Unless either party makes an application for a different costs order to the Associate to Peden J by 4pm 26 October 2022, the respondents are to pay the applicant's costs of the motion as agreed or assessed. 3) Should an application for a different costs order be made pursuant to Order 2: a. That application should include submissions of not more than 2 pages and any necessary evidence; b. The other party may serve and provide to the Associate to Peden J responsive submissions of not more than 2 pages and any necessary evidence by 4pm 28 October 2022. Catchwords: CIVIL PROCEDURE — Cross-vesting — Transfer to Federal Circuit and Family Court of Australia — Stay of Supreme Court of New South Wales proceedings because parenting and related property dispute in the Federal Circuit and Family Court of Australia — Substantive proceedings concerning trust claims over a property — Relevant factors — Whether in the interests of justice — Where risk of delay and costs would impact third party children in the relationship Legislation Cited: Family Law Act 1975 (Cth) ss 90ST, 106B Federal Circuit and Family Court of Australia Act 2021 (Cth) s 52 Jurisdiction of Courts (Cross-vesting) Act 1987 (NSW) s 5(1)(b) Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth) s 5(1)(b) Cases Cited: Burman v Zillman [2017] NSWSC 229 Valceski v Valceski (2007) 70 NSWLR 36 Vaughan v Frost [2010] NSWSC 492 Yu v Wang [2021] NSWSC 1280 Category: Procedural rulings Parties: Gulmaki Ahmad (First Plaintiff/First Respondent) Mustafah Ahmad (Second Plaintiff/Second Respondent) Sharihan Mohamed (Defendant/Applicant) Representation: Counsel: M Condon SC (Applicant/Defendant) G McNally SC (Respondents/Plaintiffs)