Bob Jane Corporation Pty Ltd v Robert Frederick Jane - [2014] VSC 27

IN THE SUPREME COURT OF VICTORIA

Not Restricted

AT MELBOURNE

COMMERCIAL AND EQUITY DIVISION

LIST B

S CI 2013 05434

BOB JANE CORPORATION PTY LTD
(ACN 005 870 431)

and

PORT 471 PTY LTD (ACN 117 228 061)

First Plaintiff

Second Plaintiff

ROBERT FREDERICK JANE

and

LAREE MADONNA JANE

First Defendant

Second Defendant

---

JUDGE:	Judd J
WHERE HELD:	Melbourne
DATE OF HEARING:	4 February 2014
DATE OF JUDGMENT:	12 February 2014
CASE MAY BE CITED AS:	Bob Jane Corporation Pty Ltd & Anor v Robert Frederick Jane & Anor
MEDIUM NEUTRAL CITATION:	[2014] VSC 27

---

COURTS – Jurisdiction – Cross‑vesting – Application to transfer proceeding to Family Court of Australia – Jurisdiction of Family Court to determine issues – Whether a single justiciable issue.

PRACTICE AND PROCEDURE – Jurisdiction of Courts (Cross-vesting) Act 1987 s 5(2) – Interests of Justice.

---

APPEARANCES:	Counsel	Solicitors
For the Plaintiffs	Mr I G Waller SC with Mr J S Mereine	HWL Ebsworth Lawyers
For Robert Frederick Jane	Mr G R McCormick	Goldsmiths Lawyers
For Laree Madonna Jane	Mr P Corbett SC with Ms K Burgess	Kenna Teasdale Lawyers

HIS HONOUR:

By a writ filed on 7 November 2013, the plaintiffs, Bob Jane Corporation Pty Ltd and Port 471 Pty Ltd, commenced this proceeding against Robert Frederick Jane and Laree Madonna Jane in which they sought a declaration pursuant to s 172(1) of the Property Law Act 1958 (Vic), that an assignment and transfer of property by Robert Jane to Laree Jane were made with the intent to defraud Robert Jane’s creditors and consequently voidable.

A few weeks earlier, Laree Jane filed an Initiating Application in the Family Court of Australia. The first respondent is Robert Jane, her former husband. By her application, dated 3 September 2013, Laree Jane applied to set aside a Declaration of Trust dated 28 February 2002, a Deed of Settlement dated 20 September 2009, a Binding Financial Agreement also dated 20 September 2009, and orders of the Court made in 2009. Under the Declaration of Trust, Robert Jane had purported to transfer the beneficial interest in the business known as Bob Jane T‑Marts to Rodney Jane, his son from a previous marriage. The Deed of Settlement and Binding Financial Agreement finally resolved claims by Laree Jane for an adjustment of property and related orders, commenced in the Family Court of Australia in December 2006. The orders were consequential.

By summons dated 18 December 2013, issued in this proceeding, Robert Jane applied under s 5(2) of the Jurisdiction of Courts (Cross‑vesting) Act 1987 for an order that this proceeding be transferred to the Family Court for hearing and determination with the proceeding commenced in that court on 3 September 2013. Laree Jane supported the transfer application.

Background

Robert Jane and Laree Jane were married on 23 January 1988 and separated in November 2006. They were divorced by order made on 2 May 2008. On 18 December 2006, Laree commenced the proceeding in the Family Court seeking orders…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Keep reading for free

Create a free CaseChat account to read Bob Jane Corporation Pty Ltd v Robert Frederick Jane and more:

Read every judgment in full
Ask AI and get answers linked to paragraphs
See how each paragraph was cited in later cases
Download judgments as PDF or Word

Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Details

Case: [2014] VSC 27
Decision Date: 12 February 2014

CaseChat Overview and Summary

The Bob Jane Corporation Pty Ltd sought to transfer a proceeding to the Family Court of Australia, arguing that the Family Court had jurisdiction to hear the matter under the Jurisdiction of Courts (Cross-vesting) Act 1987. The application was made on the basis that the proceeding involved a single justiciable issue, which could be determined by the Family Court. The matter before the court was to determine if the Family Court had the jurisdiction to hear the case and if the proceeding could be transferred under the relevant legislation.

The central legal issue was whether the Family Court could exercise jurisdiction over the proceeding, considering the requirement that there must be a single justiciable issue. The court had to examine the nature of the dispute and assess if it could be resolved by the Family Court without necessitating a broader determination of complex legal or factual issues. The court also considered the interests of justice in deciding whether to transfer the proceeding.

The court determined that the Family Court did not have jurisdiction to hear the case as the proceeding did not involve a single justiciable issue. The court found that the matter required a comprehensive resolution of multiple legal and factual issues, which exceeded the scope of a single justiciable issue as required by the legislation. The application to transfer the proceeding was dismissed. The court concluded that it was in the interests of justice to maintain the proceeding in the original court where it could be properly addressed.

Orders