NSW Caselaw
New South Wales Supreme Court
CITATION : Vaughan v Frost [2010] NSWSC 492
HEARING DATE(S) : 13 May 2010
JUDGMENT DATE : 14 May 2010
JURISDICTION : Equity
JUDGMENT OF : White J
EX TEMPORE JUDGMENT DATE : 14 May 2010
DECISION : 1. I make order 1 in the first defendant's notice of motion filed 2 March 2010. 2. The costs of the first defendant's notice of motion of 2 March 2010 will be the first defendant's costs in the proceedings.
CATCHWORDS : JURISDICTION OF COURTS – application for transfer of proceedings from Supreme Court to Family Court – where Supreme Court proceedings commenced by third party against property of parties to marriage before matrimonial proceedings resolved – third party's claim part of single wider controversy – relevant considerations in respect of transfer application
Jurisdiction of Courts (Cross-vesting) Act 1987 (NSW) LEGISLATION CITED : Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth) Family Law Act 1975 (Cth)
CATEGORY : Procedural and other rulings
CASES CITED : Valceski v Valceski [2007] NSWSC 440; (2007) 70 NSWLR 36 Young v Lalic [2006] NSWSC 18; [2006] 197 FLR 27
Raymond Bruce Vaughan & 1 Or v John Frost & 1 Or 1st Plaintiff: Raymond Bruce Vaughan PARTIES : 2nd Plaintiff: Eleanor Jill Vaughan 1st Defendant: John Frost 2nd Defendant: Jennifer Sue Vaughan
FILE NUMBER(S) : SC 2009/291782
Plaintiffs: D E Grieve QC with C J Bevan COUNSEL : 1st Defendant: J M Ireland QC with M Kearney 2nd Defendant: M K Condon
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