A NSW Wife v A NSW Husband [2016] NSWSC 455

Supreme Court New South Wales

Medium Neutral Citation: A NSW Wife v A NSW Husband [2016] NSWSC 455 Hearing dates: 13 April 2016 Date of orders: 13 April 2016 Decision date: 13 April 2016 Jurisdiction: Equity - Duty List Before: Slattery J Decision: Order made for the cross-vesting of the proceedings to the Family Court. Relief granted under the Family Law Act 1975 for the wife to occupy the family home before its sale. Costs reserved. Catchwords: FAMILY LAW - Family Law Act 1975 - urgent interlocutory application – wife seeks restoration of possession of the family home - husband locked wife out of family home approximately 3 weeks before proceedings commenced – wife claims she needs to be close to medical care which is near the family home – no issue in the proceedings that the wife can live in the family holiday house but which is more distant from medical care – parties reached agreeable arrangements about the living arrangements for the children - whether the wife should be restored to possession of the family home – action commenced in the Supreme Court of New South Wales, seeking remedies in aid of an action in common law trespass – whether relief more appropriately granted under the Family Law Act 1975.

CROSS VESTING OF ACTIONS - wife brings proceedings against husband in relation to the occupation of a home which is matrimonial property – parties agree that the action in the Supreme Court should be cross vested to the Family Court of Australia under Jurisdiction of Courts (Cross-Vesting) Act 1987, (NSW), s 51(1)(b) and the Court is of the opinion that it is an appropriate case to do so – exercise of the Court's jurisdiction under Jurisdiction of Courts (Cross-Vesting) Act 1987, (Cth), s 4(1) to make orders under the Family Law Act 1975. Legislation Cited: Jurisdiction of Courts (Cross-Vesting) Act 1987, (NSW), s 51(1)(b) Jurisdiction of Courts (Cross-Vesting) Act 1987, (Cth), s 4(1) Cases Cited: Australian Broadcasting Corporation v Lenah Game Meats Pty Ltd (2001) 208 CLR 199 Category: Principal judgment Parties: Plaintiff: A NSW Wife First Defendant: A NSW Husband Second Defendant: The Second Defendant Representation: Counsel: