Valceski v Valceski [2007] NSWSC 440

Reported Decision : 210 FLR 387 70 NSWLR 36

New South Wales Supreme Court

CITATION : Valceski v Valceski [2007] NSWSC 440

HEARING DATE(S) : 23 March 2007

JUDGMENT DATE : 4 May 2007

JURISDICTION : Equity Division Duty Judge List

JUDGMENT OF : Brereton J

DECISION : Pursuant to (NSW) Jurisdiction of Courts (Cross-Vesting) Act 1987, s 5(1)(b), order that proceedings be transferred to Family Court of Australia, Sydney Registry. Plaintiffs and first defendant to pay second defendant's costs of motion.

CATCHWORDS : JURISDICTION OF COURTS – Transfer of proceedings – from Supreme Court to Family Court – whether seriously arguable that Family Court would not have jurisdiction – jurisdiction of Family Court under Family Law Act, s 78 - accrued jurisdiction of Family Court – where claim brought by third party against property of party to marriage after matrimonial proceedings instituted – relevant considerations on transfer application – third parties who in context of marriage breakdown assert rights against matrimonial property should join in existing matrimonial proceedings rather than commence separate litigation. - FAMILY LAW – Jurisdiction – third parties – jurisdiction of Family Court under Family Law Act, s 78 - accrued jurisdiction of Family Court

Australian Constitution 1900 (CTH) Bankruptcy Act 1966 (CTH) Copyright Act 1968 (CTH) Corporations Act 2001 (CTH) Family Law Act 1975 ss 4, 31, 75, 78, 79, 80, 85, 90AE, 106B LEGISLATION CITED : (CTH) Law and Justice Legislation Amendment Act 1988, s 39 (CTH) Judiciary Act 1903, s79 (CTH) Trade Practices Act 1974 (NSW) Contracts Review Act 1980 (NSW) Family Provision Act 1982, s 31 (NSW) Jurisdiction of Courts (Cross-Vesting) Act 1987, preamble, s 5