McDonald v Street [2014] NSWSC 1225

Supreme Court New South Wales

Medium Neutral Citation: McDonald v Street [2014] NSWSC 1225 Hearing dates: 27 August 2014 Decision date: 05 September 2014 Jurisdiction: Common Law Before: Harrison AsJ Decision: The Court orders that: So far as the cross-vesting application is concerned, (1) These proceedings be transferred to the Family Court of Australia, Sydney Registry pursuant to s 5(2) of the Jurisdiction of Courts (Cross Vesting) Act 1987 (Cth). So far as the variation of the garnishee order is concerned, (2) Until further order of this Court or the Family Court (a) The first defendant within two business days of cleared receipt of income disburse 50% solely for the purpose of meeting any existing or accumulating tax liability for Sandy Street. (b) The first defendant disburse an amount for maintenance payable for the child of the marriage to the Child Support Department in the sum of $1,300 per month and that there be no publication of her name. (c) The first defendant disburses an amount for rent due and payable for the premises of Sally Street and for the hire car payments due for Sally Street's motor vehicle and interim maintenance totalling $8,600. (d) The first defendant disburses 50% of the remaining balance to the plaintiff and the first defendant retain the remaining 50% of that balance for his own use. So far as costs are concerned, (3) Costs are reserved. Catchwords: PROCEDURE - civil - jurisdiction - transfer of proceedings to Family Court - whether there is a proceeding to transfer - accrued jurisdiction - interests of justice - garnashee order variation Legislation Cited: Civil Procedure Act 2005 (NSW) ss 56(2), 58 Contracts Review Act 1980 (NSW) Family Law Act 1975 (Cth) ss 79, 90AE Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth) ss 3, 5, 8(1)(b) Cases Cited: Bankinvest AG v Seabrook (1988) 14 NSWLR 711 BHP Billiton Ltd v Schultz [2004] HCA 61; 221 CLR 400 Blair v Currran [1939] HCA 23; 62 CLR 464 Jackson v Mylan [2012] NSWSC 552; (2012) 263 FLR 148 James Bibby LD v Woods and Howard [1949] 2 KB 449 Jane v Jane [2008] VSC 341 Manson v Della-Bosca [2014] NSWSC 1232 ML Ubase Holdings Co Ltd v Trigem Computer Inc [2007] NSWSC 839; (2007) 69 NSWLR 577 Noll v Noll [2013] FamCAFC 24; 274 FLR 422 Pritchard v Westminster Bank Ltd [1969] 1 All ER 999 Valceski v Valceski [2007] NSWSC 440; 70 NSWLR 36 Wentworth v Hamilton [2014] FamCA 533 Category: Procedural and other rulings Parties: Helen Jenifer McDonald (formerly known as Helen Jenifer McAskill) (Plaintiff) Alexander Whistler Street (First Defendant) Sally Danielle Eve Street (Second Defendant) Representation: Counsel: A Di Francesco (Plaintiff) B J Miller (First Defendant) M Sneddon (Second Defendant) Solicitors: Wood Marshall Williams (Plaintiff) Garland Hawthorn Brahe (First Defendant) File Number(s): 2014/101833 Publication restriction: Nil