NSW Caselaw
New South Wales Supreme Court
CITATION : MAGRATH v. MAGRATH [2001] NSWSC 453 CURRENT JURISDICTION: Equity FILE NUMBER(S) : SC 4800/00 HEARING DATE(S) : 21.05.01 JUDGMENT DATE : 4 June 2001
PARTIES : Ellen Mildred Sinclair Magrath - Plaintiff Maxwell Brinsmead Magrath - Defendant JUDGMENT OF : Bryson J at 1
COUNSEL : S.D. Epstein SC & Ms P. Lane - Plaintiff D. Baran - Defendant SOLICITORS : Collins Cornock & Co. Solicitors - Plaintiff Dorrough Smart Attorneys - Defendant CATCHWORDS : COURTS and JUDGES - Cross-vesting legislation - invalidity and Wakim - orders of Family Court for enforcement of agreement by H with W that H would grant a mortgage to a company controlled by W to secure a loan owed by H & W to the company were made in purported exercise of State jurisdiction - other orders of Family Court in exercise of Federal Jurisdiction required H to indemnify W against the loan - in an application under Federal Courts (State Jurisdiction) Act 1999 (NSW) the Supreme Court enforced the orders which the Family Court had purportedly made in exercise of State jurisdiction. Federal Courts (State Jurisdiction) Act 1999 (NSW) LEGISLATION CITED : Jurisdiction of Courts (Cross-vesting) Act 1987 (NSW) Family Law Act 1975 (Cth) Evidence Act 1995 (NSW) Re Wakim; ex parte McNally & Anor (1999) 198 CLR 511 CASES CITED : Damberg v. Damberg & Anor (1999) 25 Fam LR 476 Residual Assco Group Ltd v. Spalvins (2000) 74 ALJR 1013 Re Macks; ex parte Saint (2000) 75 ALJR 203 DECISION : Family Court orders enforced. See para 29.
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