S v S [2023] NSWDC 345

District Court New South Wales

Medium Neutral Citation: S v S [2023] NSWDC 345 Hearing dates: 23 August 2023 Date of orders: 23 August 2023 Decision date: 23 August 2023 Jurisdiction: Civil Before: Dicker SC DCJ Decision: 1. The hearing commencing 30 October 2023 is vacated; 2. The costs of the Notice of Motion and the costs thrown away by reason of the vacation of the hearing date are to be costs in the cause; 3. The matter is listed for directions on 4 December 2023 before the List Judge at 9.30am. Note: The parties are married and separated. There is to be a property adjustment hearing in the Federal Circuit and Family Court of Australia commencing on 25 September 2023. Physical batteries and assaults are alleged. These will arise for consideration in the Federal Circuit and Family Court of Australia and there may be risks of inconsistent findings. Catchwords: PRACTICE AND PROCEDURE – vacation of hearing date – proceedings for property adjustment in the Federal Circuit and Family Court of Australia. TORTS – intentional torts – jurisdiction of Federal Circuit and Family Court of Australia to hear intentional tort claims for alleged spousal abuse. DISTRICT COURT – relevance of factual findings in Federal Circuit and Family Court of Australia on hearing of intentional tort claims by wife. Legislation Cited: Family Court Act 1975 (Cth) Cases Cited: Giller v Procopets (No 2) [2008] VSCA 236; (2008) 24 VR 1 Giunta v Giunta [2023] NSWDC 202 Giunta v Giunta (No 3) [2021] FamCA 272 In The Marriage of Marsh (1993) 17FamLR 289 Kennon v Kennon [1997] FamCA 227; (1997) 22 FamLR 1 Rock v Henderson [2021] NSWCA 155 Category: Procedural rulings Parties: S (Plaintiff) S (Defendant) Representation: Counsel: E Dalrymple (Plaintiff)