BOLTON & CREASEY

In *Bolton & Creasey*, heard before Tree J, the proceedings concerned the transfer of a matter between the Federal Circuit Court and the Family Court of Australia. The central dispute revolved around whether the proceedings, having been transferred from the Federal Circuit Court, should be transferred back to that court.

The primary legal issue before the court was to determine the appropriate forum for the proceedings, considering the established protocols for the division of work between the Family Court and the Federal Circuit Court. The court was required to consider the factors relevant to such a transfer, particularly when the court initiates the consideration of transfer on its own motion rather than upon an application by a party, and in circumstances where reasons for a prior judicial decision were not provided.

Tree J considered the relevant provisions of the *Family Law Act 1975* (Cth), specifically sections 33B(1) and 33B(2)(b), which govern the transfer of proceedings. The court's reasoning focused on the efficient administration of justice and adherence to the established protocols for case management between the two courts. The failure to provide reasons for a previous judicial decision was also a factor influencing the court's consideration of the transfer.

Consequently, pursuant to sections 33B(1) and 33B(2)(b) of the *Family Law Act*, the court ordered that the proceedings be transferred to the Federal Circuit Court at Cairns, to be listed on a date to be fixed by that court.