Elford v Minty (No. 2) [2017] NSWSC 1643

Supreme Court New South Wales

Medium Neutral Citation: Elford v Minty (No. 2) [2017] NSWSC 1643 Hearing dates: 29 November 2017 Date of orders: 29 November 2017 Decision date: 29 November 2017 Jurisdiction: Equity Before: Slattery J Decision: Proceedings transferred to Family Court of Australia. But stay on orders until referees report received and considered by the Court. Respondent ordered to pay applicant's costs of the application to transfer. Catchwords: CIVIL PROCEDURE — Cross-vesting — Transfer to Family Court of Australia — Relevant factors – where inappropriate for issues in proceedings to be determined by separate courts - where issues in dispute include whether there was a partnership or a joint venture and whether or not there was a de facto relationship between the alleged joint-venture parties – strong inter-relationship of issues.

CIVIL PROCEDURE — Jurisdiction — Transfers to and from other courts –where Supreme Court and Family Court of Australia have jurisdiction to determine issues in proceedings – consideration of jurisdiction conferred as described in Jensen v Pearce [2013] NSWCA 247 – whether proceedings should be transferred to Family Court of Australia pursuant to Jurisdiction of Courts (Cross-vesting) Act, s 5(1)(b). Legislation Cited: Commonwealth Powers (De Facto Relationships) Act 2003 Family Law Act 1975 (Cth), s 90SM Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth) Cases Cited: Elford v Minty [2017] NSWSC 1455 Jensen v Pearce [2013] NSWCA 247 Category: Consequential orders (other than Costs) Parties: Counsel: