Perugini v Perugini [2023] NSWSC 1274

Supreme Court New South Wales

Medium Neutral Citation: Perugini v Perugini [2023] NSWSC 1274 Hearing dates: 23 October 2023 Decision date: 27 October 2023 Jurisdiction: Common Law Before: Ierace J Decision: (1) Order that pursuant to s 8 of the Jurisdiction of Courts (Cross-vesting) Act 1987 (NSW), proceedings 2023/00128851 commenced in the District Court of New South Wales be transferred to this Court. (2) Order that pursuant to s 5(1) of the Jurisdiction of Courts (Cross-vesting) Act 1987 (NSW), these proceedings be transferred to the Federal Circuit and Family Court of Australia. (3) Costs of the proceedings to date and of this application to be costs in the cause. Catchwords: CIVIL PROCEDURE – Cross-vesting – Where debt recovery proceedings commenced in District Court of NSW – Application to transfer proceedings from District Court of NSW to Supreme Court – Further application to transfer proceedings from Supreme Court to Federal Circuit and Family Court of Australia (FCFCOA) – Whether it is in interests of justice for proceedings to be determined by the FCFCOA Legislation Cited: Jurisdiction of Courts (Cross-vesting) Act 1987 (NSW), ss 5, 9 Family Law Act 1975 (Cth), Pt VIIIA Cases Cited: Comino v Kremetis [2023] NSWSC 32 Amaca Pty Ltd v Mortimer [2023] NSWSC 117 Category: Procedural rulings Parties: Maria Perugini (Plaintiff) Aldo Perugini (First Defendant) ARP Developments Pty Ltd (Second Defendant) Representation: Counsel: B Douglas-Baker (Plaintiff) S Kaveh Nejed (Sol) (First Defendant)