Jane v Jane

The case of Jane v Jane involved a dispute between husband and wife, with the wife alleging that the husband held units in a unit trust. The husband’s son from a previous marriage brought a proceeding in the Supreme Court, seeking a declaration that the father held the units on trust for him. The wife subsequently applied to transfer the proceeding to the Family Court. The central issue was whether the transfer of the proceeding was in the interests of justice, and if the Family Court had jurisdiction over the matter.

The court considered whether the Family Court had the jurisdiction to hear the matter under the Jurisdiction of Courts (Cross-Vesting) Act 1987. The wife argued that the proceeding involved family law matters, as defined by the Act, and thus the Family Court had the appropriate jurisdiction. However, the court found that the primary issue was a question of property law, specifically concerning trusts and the rights of beneficiaries, rather than family law. As such, the court held that the Family Court did not have jurisdiction to hear the matter, and the application to transfer was refused.

Given that the court found the proceeding did not fall within the jurisdiction of the Family Court, the application to transfer was properly denied. The Supreme Court retained jurisdiction over the matter, as the primary issue pertained to property law and trusts. The court emphasised that the interests of justice were best served by allowing the Supreme Court to continue with the proceeding, as it was better equipped to address the legal complexities involved in the dispute over the trust units.

The final orders of the court were that the application by the wife to transfer the proceeding to the Family Court was dismissed. The Supreme Court was to retain jurisdiction over the matter, allowing the son’s claim against the father to proceed in that court. The Family Court was not to hear the proceeding, as it did not fall within its jurisdiction under the relevant legislation.